Utah State Digest, Vol. 2013, No. 1 (January 1, 2013) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 1, 2012, 12:00 AM through December 14, 2012, 11:59 PM Volume 2013, No. 1 January 1, 2013 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 5110 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between December 1, 2012, 12:00 a.m., and December 14, 2012, 11:59 p.m. are summarized in this, the January 1, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 1, 2013, issue of the Utah State Bulletin until at least January 31, 2013 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through May 1, 2013, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 37110 (Amendment): R539-1. Eligibility. SUMMARY OF THE RULE OR CHANGE: References to "Region" and regional administration have been removed or substituted. As these changes may reflect a change in authority the rule has been submitted as an amendment rather than a nonsubstantive change. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for the state budget. - LOCAL GOVERNMENTS: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for local governments. - SMALL BUSINESSES: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for any other entity or organization. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendment is a language change reflecting existing policy. No compliance costs are anticipated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no costs or savings associated with this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joseph Taylor by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at jjtaylor@utah.gov - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37110.htm No. 37111 (Amendment): R539-2. Service Coordination. SUMMARY OF THE RULE OR CHANGE: References to "Region" and regional administration have been removed or substituted. As these changes may reflect a change in authority the rule has been submitted as an amendment rather than a nonsubstantive change. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for the state budget. - LOCAL GOVERNMENTS: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for local governments. - SMALL BUSINESSES: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendment is a language change reflecting existing policy. No cost or savings are anticipated for any other entity or organization. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendment is a language change reflecting existing policy. No compliance costs are anticipated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no costs or savings associated with this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - Nathan Wolfley by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at nwolfley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37111.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 37097 (Amendment): R657-37. Cooperative Wildlife Management Units for Big Game or Turkey. SUMMARY OF THE RULE OR CHANGE: The proposed amendment to this rule will establish the guideline for when September 1 falls on a Sunday to have the hunt start date default to the Saturday before. As established in Subsection 23-14-18(3) "The Wildlife Board may allow a season on protected wildlife to commence on any day of the week except Sunday". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule are for the purpose of clarification for both the CWMU operators and the Division of Wildlife Resources (DWR) as to which day a season will begin on when September 1 falls on a Sunday. DWR determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: The amendments to this rule are for the purpose of clarification for both the CWMU operators and DWR as to when a hunt season will start when September 1 falls on a Sunday. DWR determines that these amendments do not create a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule are for the purpose of clarification for both the CWMU operators and the DWR as to when a hunt season will start when September 1 falls on a Sunday. The DWR determines that these amendments do not create a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule are for the purpose of determining when a hunt season will start when September 1 falls on a Sunday. DWR determines that there are no additional compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule are for the purpose of clarification for both the CWMU operators and DWR. DWR determines that there is no compliance costs associated with this amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37097.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 37096 (Amendment): R810-1-8. University Vehicle Parking. SUMMARY OF THE RULE OR CHANGE: Change in the definitions of university maintenance vehicles, and the areas where they are authorized to park. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No effect foreseen as parking facilities for university vehicles other than vans, trucks, and SUV's are available elsewhere on campus. - LOCAL GOVERNMENTS: No effect foreseen as the scope of the rule amendments is limited to university-owned vehicles. - SMALL BUSINESSES: No effect foreseen as the scope of the rule amendments is limited to university-owned vehicles. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect foreseen as the scope of the rule amendments is limited to university-owned vehicles. COMPLIANCE COSTS FOR AFFECTED PERSONS: No effect foreseen as the scope of the rule amendments is limited to university-owned vehicles. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No effect foreseen. Any fiscal impact on business will be linked to the ability to complete maintenance in a timely manner because the trucks, vans, and SUV's can access the locations faster. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu THIS RULE MAY BECOME EFFECTIVE ON: 02/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37096.htm No. 37098 (Amendment): R810-1-14. Living In A Motor Vehicle On Campus. SUMMARY OF THE RULE OR CHANGE: Removes informational text and allows for authorized parking of RV's on campus by permit only. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No effect foreseen--The location for RV parking is already in place, and the permits are in use. Potential revenue if RV's or other vehicles are parked in the location without a permit. - LOCAL GOVERNMENTS: No effect foreseen--The location for RV parking is already in place, and the permits are in use. Potential revenue if RV's or other vehicles are parked in the location without a permit. - SMALL BUSINESSES: No effect foreseen--The location for RV parking is already in place, and the permits are in use. Potential revenue if RV's or other vehicles are parked in the location without a permit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect foreseen--The location for RV parking is already in place, and the permits are in use. Potential revenue if RV's or other vehicles are parked in the location without a permit. COMPLIANCE COSTS FOR AFFECTED PERSONS: No effect foreseen--The location for RV parking is already in place, and the permits are in use. Potential revenue if RV's or other vehicles are parked in the location without a permit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No effect foreseen, as the RV locations have been available for more than 20 years, and the permits have been adopted by the user group. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu THIS RULE MAY BECOME EFFECTIVE ON: 02/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37098.htm No. 37092 (Amendment): R810-2-1. Parking Meters. SUMMARY OF THE RULE OR CHANGE: Change in the language to reflect that university vehicles are not allowed to park in "load zone" meters. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No effect foreseen--University vehicles have alternative parking locations available. - LOCAL GOVERNMENTS: No effect foreseen--The scope of the rule amendment is limited to university-owned vehicles. - SMALL BUSINESSES: No effect foreseen--The scope of the rule amendment is limited to university-owned vehicles. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect foreseen--The scope of the rule amendment is limited to university-owned vehicles. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The scope of the rule amendment is limited to university-owned vehicles. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No major fiscal impacts foreseen by the department head. University vehicles have ample alternative locations to park that do not inhibit loading and unloading areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu THIS RULE MAY BECOME EFFECTIVE ON: 02/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37092.htm TAX COMMISSION ADMINISTRATION No. 37104 (Amendment): R861-1A-26. Procedures for Formal Adjudicative Proceedings Pursuant to Utah Code Ann. Sections 59-1-501 and 63G-4-204 through 63G-4-209. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes language stating that a request for documents by email constitutes a waiver of confidentiality. This language was incorrect and has never been enforced. Deleting the language continues the current practice. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The amendment deletes language that has never been enforced. - LOCAL GOVERNMENTS: None--The amendment deletes language that has never been enforced. - SMALL BUSINESSES: None--The amendment deletes language that has never been enforced. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The amendment deletes language that has never been enforced. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendment continues the current practice and is consistent with statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This deletion creates no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37104.htm No. 37106 (Amendment): R861-1A-37. Provisions Relating to Disclosure of Commercial Information Pursuant to Utah Code Ann. Section 59-1-404. SUMMARY OF THE RULE OR CHANGE: The proposed amendment clarifies potentially misleading language in the current rule. The amendment provides that property tax commercial information disclosed in one proceeding may be used in a different proceeding subject to statutory constraints. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Property tax revenues are local revenues. - LOCAL GOVERNMENTS: None--The proposed amendment clarifies the current practice and is consistent with statute. - SMALL BUSINESSES: None--The proposed amendment clarifies the current practice and is consistent with statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendment clarifies the current practice and is consistent with statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendment clarifies the current practice and is consistent with statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This clarification creates no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37106.htm No. 37107 (Amendment): R861-1A-46. Procedures for Purchaser Refund Requests Pursuant to Utah Code Ann. Sections 59-1-1410 and 59-12-110. SUMMARY OF THE RULE OR CHANGE: This proposed rule replaces an earlier version of the rule that was submitted to the Division of Administrative Rules. That earlier version of the rule was not adopted. This current version of the proposed rule has been revised to incorporate changes suggested in comments received during the public comment period and subsequent meetings with impacted individuals. The proposed rule defines a purchaser refund request as a request for a refund of sales taxes submitted by a person other than the seller that originally collected and remitted the sales tax to the Tax Commission; indicates the information that must be provided to the Tax Commission when submitting a purchaser refund request; provides that an applicant may request to have the purchaser refund request reviewed by a sampling method, rather than a 100 percent review of the transactions included in the refund request; provides that a purchaser refund request will be decreased by the amount of those transactions for which required information is not provided to the Tax Commission within the specified time period, and will be treated as dismissals that may be appealed only on the issue of whether information adequate to determine the validity of the purchaser refund request was received by the Tax Commission within the specified time period. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The proposed rule indicates how to apply for certain sales tax refunds. - LOCAL GOVERNMENTS: None--The proposed rule indicates how to apply for certain sales tax refunds. - SMALL BUSINESSES: None--The proposed rule indicates how to apply for certain sales tax refunds. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed rule indicates how to apply for certain sales tax refunds. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed rule indicates how a person shall apply for a sales tax refund when that person is not the seller that originally collected and remitted the sales tax to the Tax Commission. While in most cases, the application process mirrors the long- standing practice of the agency, if an applicant and the Tax Commission agree to a sampling method of review, the applicant will provide less information to the Tax Commission than currently. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This procedural amendment creates no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37107.htm AUDITING No. 37108 (Amendment): R865-9I-13. Pass-Through Entity Withholding Pursuant to Utah Code Ann. Sections 59-10-116, 59-10-117, 59-10-118, 59-10-1403.2, and 59-10-1405. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes language that is no longer necessary since these provisions are now addressed in statute by S.B. 143 (2012 General Session); and makes technical amendments. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any fiscal impact was considered in S.B. 143 (2012). - LOCAL GOVERNMENTS: None--Any fiscal impact was considered in S.B. 143 (2012). - SMALL BUSINESSES: None--Any fiscal impact was considered in S.B. 143 (2012). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any fiscal impact was considered in S.B. 143 (2012). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendment deletes language that is now adequately addressed in statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These deletions create no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37108.htm PROPERTY TAX No. 37109 (Amendment): R884-24P-67. Information Required for Valuation of Low-Income Housing Pursuant to Utah Code Ann. Sections 59-2-102 and 59-2- 301.3. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes language that is no longer necessary since these provisions are now adequately addressed in statute by H.B. 75 (2012 General Session). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any fiscal impact was considered in H.B. 75 (2012). - LOCAL GOVERNMENTS: None--Any fiscal impact was considered in H.B. 75 (2012). - SMALL BUSINESSES: None--Any fiscal impact was considered in H.B. 75 (2012). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any fiscal impact was considered in H.B. 75 (2012). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendment deletes language that is no longer necessary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This deletion of language that now appears in statute creates no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37109.htm TRANSPORTATION ADMINISTRATION No. 37094 (Repeal and Reenact): R907-64. Longitudinal and Wireless Access to Interstate Highway Rights-of-Way for Installation of Telecommunications Facilities. SUMMARY OF THE RULE OR CHANGE: The rule change will eliminate the requirement to advertise the opening of longitudinal access in the interstate right-of-way and related language and makes access always open to allow telecommunication companies faster access to complete their projects on time and to eliminate barriers to conducting business. The new rule adds a definition of the Telecommunication Advisory Council and adds a section on public involvement in the process of granting permits for longitudinal access through public meetings of the Telecommunications Advisory Council. The rule change will also correct references to other department rules that have been changed since the original enactment of this rule and eliminate unnecessary or repetitive language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Eliminating the requirement to advertise the opening of longitudinal access in the interstate right-of-way will provide a more consistent process for placement of telecommunication facilities, and will create a cost saving to the state budget by eliminating an administrative step. - LOCAL GOVERNMENTS: There is no cost or savings to local government because they are not involved in longitudinal access in the interstate right-or-way. - SMALL BUSINESSES: Small telecommunications companies will have the same ability to access the interstate right-of-way for telecommunication facilities as larger companies. By providing non-exclusive access to all telecommunications companies, the cost saving can be substantial but vary significantly depending on the circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the rule only applies to longitudinal access to interstate right-of-way for telecommunications companies. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs because the changes to the rule only streamline the process to request longitudinal access to interstate right-of-way for telecommunications companies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any fiscal impact to businesses resulting from this rule changes will be positive because the changes keep longitudial access availability open to all telecommunication companies and eliminate the requirement to advertise longitudinal access, making the process more efficient for the department and for telecommunications companies. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37094.htm 2. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive public comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period, and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends January 31, 2013. From the end of the 30-day waiting period through May 1, 2013, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses and the agency must start the process over. Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9. ENVIRONMENTAL QUALITY ADMINISTRATION No. 36554 (Change in Proposed Rule): R305-6. Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: No change has been proposed; the rule is still being proposed to be completely repealed. A new rule, R305-7 (DAR No. 36553) is being proposed to take its place. (DAR NOTE: This change in proposed rule has been filed to keep the proposed repeal that was published in the August 15, 2012, issue of the Utah State Bulletin, on page 28, active until the new Rule R305-7 can be made effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no change to the state budget as a result of this proposal. When the repeal was originally proposed, the following information was included: No changes as a result of the repeal. The changes resulting from the enactment of Rule R305-7 (DAR No. 36553) are described in that rulemaking. - LOCAL GOVERNMENTS: There will be no change to the impact on local government as a result of this proposed change. When the repeal was originally proposed, the following information was included: No changes as a result of the repeal. The changes resulting from the enactment of Rule R305-7 (DAR No. 36553) are described in that rulemaking. - SMALL BUSINESSES: There will be no change to the impact on small business as a result of this proposed change. When the repeal was originally proposed, the following information was included: No changes as a result of the repeal. The changes resulting from the enactment of Rule R305-7 (DAR No. 36553) are described in that rulemaking. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no change to the impact on persons other than small businesses, businesses or local governmental entities as a result of this proposed change. When the repeal was originally proposed, the following information was included: No changes as a result of the repeal. The changes resulting from the enactment of Rule R305-7 (DAR No. 36553) are described in that rulemaking. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no change to compliance costs for affected persons as a result of this proposed change. When the repeal was originally proposed, the following information was included: No changes as a result of the repeal. The changes resulting from the enactment of Rule R305-7 (DAR No. 36553) are described in that rulemaking. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no change to the impact on the fiscal impact the rule may have on businesses as a result of this proposed change. When the repeal was originally proposed, the following information was included: There will be no compliance costs because the rule is being proposed for repeal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Debbie Oberndorfer by phone at 801-536-4402, by FAX at 801-536-0061, or by Internet E-mail at doberndorfer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/31/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36554.htm No. 36553 (Change in Proposed Rule): R305-7. Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: Two changes were made in response to comments: Subsection R305-7-101(1) was clarified, and Subsections R305-7- 213(4) and R305-7-316(1) were made to expand the page and time limits for comment on the administrative law judge's recommended order. Other changes were made to clarify the provisions in the rule (see, e.g., Subsection R305- 7-211(1)); to make the text more consistent with statutory requirements (see, e.g., Subsection R305-7-206(5)); to correct errors in the text (see, e.g., Subsection R305-7-206(5)); and to make different parts of the rule consistent (see, e.g., Subsection R305-2-211(4)). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the August 15, 2012, issue of the Utah State Bulletin, on page 45. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to the rule are clarifications and minor corrections or changes, and do not change the original analysis: Although it is anticipated that the new permit review adjudicative procedures will be more streamlined than UAPA procedures, any savings will be offset in part by increased workload resulting from an increasing number of permit challenges. - LOCAL GOVERNMENTS: The changes to the rule are clarifications and minor corrections or changes, and do not change the original analysis: Local governments will not normally be affected. They could be affected to the extent they are parties or a prospective intervenor to a proceeding. - SMALL BUSINESSES: The changes to the rule are clarifications and minor corrections or changes, and do not change the original analysis: Although some businesses can expect savings as a result of these streamlined rules, permits and licenses to small business are rarely challenged so the proposed changes would not have a substantial impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to the rule are clarifications and minor corrections or changes, and do not change the original analysis: Individuals and organizations that challenge permits, e.g., environmental organizations, will be affected by the rule. Generally, it is anticipated that the streamlined procedure will make that process less expensive both for the challenger and for the permittee. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes to the rule are clarifications and minor corrections or changes, and do not change the original analysis: This rule does not impose any compliance requirements. It does provide new procedures for challenging permits. To the extent that the responsibility for defending against a permit challenge falls to a regulated entity, the streamlined process should be less expensive than the previous trial-type procedures. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to the rule are clarifications and minor corrections or changes, and do not change the original analysis: The trial-type procedures previously required for adjudicating permit challenges could be extremely expensive; discovery, for example, can be extremely time-consuming and therefore costly. The streamlined procedures in this rule (authorized by S.B. 11 (2012 General Session)) will be simpler and less costly. A specific estimate of savings is not feasible, however, given the wide variability in complexity of proceedings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Debbie Oberndorfer by phone at 801-536-4402, by FAX at 801-536-0061, or by Internet E-mail at doberndorfer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/31/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36553.htm AIR QUALITY No. 36723 (Change in Proposed Rule): R307-101-2. Definitions. SUMMARY OF THE RULE OR CHANGE: New definitions are added for "Primary PM2.5" and "Secondary PM2.5." (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 29. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: There are no new requirements to local government; therefore, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: The changes to the rule are additions of two new definitions. These changes do not add any additional requirements to small businesses; therefore, there are no anticipated costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to the rule are additions of two new definitions. These changes do not add any additional requirements to small businesses; therefore, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes to the rule are additions of two new definitions. These changes do not add any additional requirements to affected persons; therefore, there are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to the rule are additions of two new definitions. These changes do not add any additional requirements to business; therefore, the changes to this rule should have no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36723.htm No. 36741 (Change in Proposed Rule): R307-307. Davis, Salt Lake, and Utah Counties: Road Salting and Sanding. SUMMARY OF THE RULE OR CHANGE: Section R307-307-1 is changed by clarifying that the version of 40 CFR 81.345 incorporated into the rule is the 07/01/2011 version. The definition for "arterial roadway" is moved from Section R307-307-5 to Section R307-307-2. The rule is changed throughout to add that applied salts shall be at least 92% by weight sodium chloride, magnesium chloride, calcium chloride, or potassium chloride. In the interest of public safety, several roads were added to Section R307-307-6 as being exempt from the requirements of Subsection R307-307-4(1). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 42. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the Utah Department of Transportation already applies salts that meet the purity requirements of the proposed rule and because there are no other new requirements to the state, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The majority of local governments that apply salt to roads are already using salt with a sodium chloride (NaCl), magnesium chloride (MgCl2), calcium chloride (CaCl2), or potassium chloride (KCl) content of 92% or greater. Also, prices of salt with a NaCl, MgCl2, CaCl2, and KCl content of 92% or greater are competitive with salts with a lower content. Therefore, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: Because the salts that can be applied to roads are expanded by adding MgCl2, CaCl2, and KCl, there should be anticipated savings to small businesses; however, since it is difficult to predict the demand of these salts each year, the savings amounts are unknown. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no new requirements for persons other than small businesses, businesses or local government entities; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Most people applying salts to roads are already using salt with a NaCl, MgCl, CaCl2, and KCl content of 92% or greater. Also, prices of these salts are competitive with salts with lesser purities. Any cost associated with the record-keeping requirements of the rule are expected to be minimal. Therefore, there are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Most people applying salts to roads are already using salt with a NaCl, MgCl, CaCl2, and KCl content of 92% or greater. Also, prices of these salts are competitive with salts with lesser purities. Any cost associated with the record-keeping requirements of the rule are expected to be minimal. Therefore, there are no anticipated compliance costs for affected persons. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36741.htm No. 36740 (Change in Proposed Rule): R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas. SUMMARY OF THE RULE OR CHANGE: Section R307-312-2 is changed by incorporating the PM2.5 nonattainment and maintenance area as defined in 40 CFR 81.345 and by adding a geographical description of the area. A definition for "Aggregate" is added to Section R307-3121-3. Language is added to the opacity observation requirement of Subsection R307-312-4(2) that states the Method 9 observations shall be 30 minutes (five six-minute averages). The compliance shall be based on the average of the five six- minute averages, but the duration of the Method 9 may be reduced to 6 minutes (one six-minute average) if the first six-minute average is below the limit specified in Table 1 of Section R307-312-4. Section R307-312-5 is changed by adding language that states compliance with the requirements of Subsection R307-312-5(2) shall be determined by production records and fuel records. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 45. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to Subsection R307-312-4(2) may result in a cost or a savings to the Division of Air Quality; however, it is difficult to estimate what those costs or savings would be. Any additional cost or saving would be minimal; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: There are no new requirements to local government; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: There are no new requirements to small businesses; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no new requirements to persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only new requirement for affected persons is the requirement for hot mix asphalt plants to demonstrate compliance with Section R307-312-5 through production records and fuel records. This requirement should not result in any additional costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The only new requirement for businesses is the requirement for hot mix asphalt plants to demonstrate compliance with Section R307-312-5 through production records and fuel records. This requirement should not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36740.htm No. 36725 (Change in Proposed Rule): R307-340. Ozone Nonattainment and Maintenance Areas: Surface Coating Processes. SUMMARY OF THE RULE OR CHANGE: There are no changes being made to the body of the rule. The Utah Air Quality Board has requested that the repeal of the rule be made effective 02/01/2013, which is after the rule filing lapse date. Therefore, this Change in Proposed Rule is being filed. (DAR NOTE: This change in proposed rule has been filed to keep the proposed repeal that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 49, active until it can be made effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no new requirements to the state; therefore, there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: There are no new requirements for local government; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: Because there are no new requirements for small businesses, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: This Change in Proposed Rule is being filed so that the rule repeal can have an effective date of 02/01/2013; therefore, there are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This Change in Proposed Rule is being filed so that the rule repeal can have an effective date of 02/01/2013; therefore, there is no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36725.htm No. 36738 (Change in Proposed Rule): R307-343. Ozone Nonattainment and Maintenance Areas: Emissions Standards for Wood Furniture Manufacturing Operations. SUMMARY OF THE RULE OR CHANGE: Rule applicability in Section R307-343-2 is changed from 5 to 2.7 tons per year or more per year of VOCs. Several definitions are removed from Section R307-343-3. Language is added to Section R307-343-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. New VOC emissions rates are also added; these rates will become effective beginning 01/01/2015. Section R307- 343-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will meet the requirements of Section R307-343-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 56. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability is changed from sources with the potential to emit 5 tons per year VOC to sources with the the potential to emit 2.7 tons per year VOC, the rule will apply more sources resulting in a cost of up to $2,260 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability is changed from sources with the potential to emit 5 tons per year VOC to sources with the the potential to emit 2.7 tons per year VOC, the rule will apply more sources resulting in a cost of up to $2,260 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability is changed from sources with the potential to emit 5 tons per year VOC to sources with the the potential to emit 2.7 tons per year VOC, the rule will apply more sources resulting in a cost of up to $2,260 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36738.htm No. 36726 (Change in Proposed Rule): R307-344. Paper, Film, and Foil Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-344-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Language is added to Section R307-344-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-344-5 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Subsection R307-344-5(3) is amended by adding application requirements. Section R307-344-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-344-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 65. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $1,440 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $1,440 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $1,440 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36726.htm No. 36727 (Change in Proposed Rule): R307-345. Fabric and Vinyl Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-345-2 is changed stating that in Tooele and Box Elder counties, as of 02/01/2013, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Language is added to Section R307-345-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. It is also changed by adding lower VOC emission rates that become effective 01/01/2015. Section R307-345-5 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Subsection R307-345-5(4) is amended by adding application requirements. Section R307-345-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-345-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 67. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $3,500 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $3,500 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $3,500 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36727.htm No. 36728 (Change in Proposed Rule): R307-346. Metal Furniture Surface Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-346-2 is changed stating that in Tooele and Box Elder counties, as of 02/01/2013, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Language is added to Section R307-346-5 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-346-6 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Subsection R307-346-6(3) is amended by adding application requirements. Section R307-346-7 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-346-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 69. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,220 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,220 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,220 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36728.htm No. 36729 (Change in Proposed Rule): R307-347. Large Appliance Surface Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-347-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Language is added to Section R307-347-5 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-347-6 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Subsection R307-347-5(3) is amended by adding application requirements. Section R307-347-7 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-347-7. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 71. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,020 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,020 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,020 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36729.htm No. 36730 (Change in Proposed Rule): R307-348. Magnet Wire Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability of the rule is changed to only apply to existing sources in Box Elder and Tooele counties as of 02/01/2013 that have the potential to emit 5 tons per year or more of VOC and to apply to new sources in Box Elder and Tooele counties as of 02/01/2013 that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Language is added to Subsection R307-348-4(1) to clarify that exempt solvents are not included in the VOC coating content limits. Language is added to Subsection R307-348-5(2) to require that sources make records available to the director upon request. Subsection R307-348-6(2) is changed to clarify that the owner or operator of a magnet wire coatings operation shall provide documentation that the emission control system will attain the requirements of Section R307-348-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 73. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: There are no new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $8,528 per year per small source. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no new requirements; therefore, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $8,528 per year per small source. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $8,528 per year per small source. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36730.htm No. 36731 (Change in Proposed Rule): R307-349. Flat Wood Panel Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-349-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. A definition for "Strippable booth coating" is added to Section R307-349-3. Language is added to Section R307-349-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Subsection R307-349-5(2) is amended by adding application requirements. Subsection R307-349-5(4) is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Section R307-349-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-349-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 74. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,110 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,110 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,110 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36731.htm No. 36732 (Change in Proposed Rule): R307-350. Miscellaneous Metal Parts and Products Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-350-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. The exemptions section of the rule was changed by adding surface coating of aerospace vehicles and components and military munitions manufactured by or for the Armed Forces of the United States as exempt from Rule R307-350. A definition for "Aerospace vehicles and component" was added to Section R307-350-4. Language is added to Section R307-350-5 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-350-6 is changed by adding electrodeposition as an acceptable application method. A VOC content for cleaning material is added to Section R307-350-7. Section R307-350-7 is also changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 76. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings from $238 up to $2,020 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings from $238 up to $2,020 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings from $238 up to $2,020 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36732.htm No. 36733 (Change in Proposed Rule): R307-351. Graphic Arts. SUMMARY OF THE RULE OR CHANGE: Language is added throughout the rule to require owners and operators of emission control devices to provide documentation that their emission control devices will meet the requirements of the rule. Owners and operators of emission control devices are now required to maintain for a minimum of two years records to demonstrate that the equipment is being operated and maintained in accordance with manufacturer recommendations, and these records must be made available to the director upon request. Clarifying language is added to the definition of "Blanket", a definition for "composite partial vapor pressure" is added, and the definition for "Gravure" is removed from Section R307-351-3. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 80. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no new requirements for the state; therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: There are no new requirements for local governments; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: The added record-keeping requirements will likely result in increased costs to small businesses; however, those costs should be minimal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no new requirements to persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The added record-keeping requirements will likely result in increased compliance costs; however, those costs should be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The added record-keeping requirements will likely result in increased compliance costs to businesses; however, those costs should be minimal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36733.htm No. 36734 (Change in Proposed Rule): R307-352. Metal Container, Closure, and Coil Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-352-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more of VOC. The definition of "Coil Coating" in Section R307-352-3 is replaced with a definition for "Coating." Language is added to Section R307- 352-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-352-5 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. The section is also amended by adding application requirements. Section R307-352-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will meet the requirements of Section R307-352-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 84. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $3,221 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $3,221 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $3,221 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36734.htm No. 36735 (Change in Proposed Rule): R307-353. Plastic Parts Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-353-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Section R307-353-4 is amended by adding definitions for "metallic coating," "military specification coating," "mirror backing," "mold-seal coating," "multi-colored coating," "multi-component coating," "one-component coating," and "optical coating." Language is added to Section R307-353-5 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Table 3, which lists new plastic product coating categories and their VOC emission limits, is also added to Section R307-353-5. A new Section R307-353-6 is added for coating application methods. Section R307-353-7 is changed by adding a VOC content limit for cleaning materials and by requiring owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Section R307-353-8 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-353-8. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 86. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,020 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,020 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,020 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36735.htm No. 36736 (Change in Proposed Rule): R307-354. Automotive Refinishing Coatings. SUMMARY OF THE RULE OR CHANGE: Section R307-354-2 is changed stating that in Tooele and Box Elder counties, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more of VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Section R307-354-3 is changed by removing the definitions "cut- in, or jambing, clearcoat," "elastomeric coating," "finishing material," "finishing operation," "low gloss coating," and "specialty coatings." Language is added to Section R307-354-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307- 354-5 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Section R307- 354-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-354-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 88. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,500 per ton of VOC removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,500 per ton of VOC removed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,500 per ton of VOC removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36736.htm No. 36737 (Change in Proposed Rule): R307-355. Control of Emissions from Aerospace Manufacture and Rework Facilities. SUMMARY OF THE RULE OR CHANGE: The rule applicability in Section R307-355-2 has been changed from sources with the potential to emit 5 tons per year of VOCs to sources with the potential to emit 10 tons per year of VOCs. The rule has been changed in Section R307-355-3 by adding rule exemptions to manufacturing or rework operations involving space vehicles and to rework operations performed on antique aerospace vehicles or components. Definitions for "antique aerospace vehicle or component," "chemical milling maskants," exempt solvents," "general aviation rework facility," "low vapor pressure hydrocarbon-based cleaning solvent," "space vehicle," and "specialty coating" are added to Section R307-355-4. New emission standards are added in Section R307-355-5 for coatings that are delivered to a coating applicator that applies Type I chemical milling maskant and Type II maskants. Language is also added to Section R307-355-5 to clarify that exempt solvents are not included in the VOC content limits for the the coatings used. New application methods are added to Section R307-355-6. Section R307-355-7 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Several solvent cleaning exemptions are added to Section R307-355-8. Section R307-355-9 is changed to clarify that the owner or operator must provide documentation that the emission control system will meet the requirements of Section R307-355-9. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 91. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments. - SMALL BUSINESSES: Because the rule's applicability was changed from 5 tons per year to 10 tons per year, the rule no longer applies to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for affected persons will be reduced as there were several exemptions added to the proposed rule. However, these savings are difficult to determine as the exemptions do not apply to all sources. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The compliance costs for affected persons will be reduced as there were several exemptions added to the proposed rule. However, these savings are difficult to determine as the exemptions do not apply to all sources. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/36737.htm 3. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES ADMINISTRATION No. 37089 (5-year Review): R13-3. Americans with Disabilities Act Grievance Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to provide for the prompt and equitable resolution of complaints alleging any action prohibited by the ADA and related federal regulations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Amon by phone at 801-538-3091, by FAX at 801-538-3844, or by Internet E-mail at ramon@utah.gov EFFECTIVE: 12/04/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37089.htm ENVIRONMENTAL QUALITY RADIATION CONTROL No. 37086 (5-year Review): R313-15. Standards for Protection Against Radiation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is continued because it establishes the standards for protection against ionizing radiation. The requirements are necessary to control the receipt, possession, use, transfer, and disposal of sources of radiation by a licensee or registrant so that the total dose to an individual, including the doses resulting from all sources of radiation other than background radiation, do not exceed established safety standards. The rule is also needed to meet the Utah's commitment, as an Agreement State with the U.S. Nuclear Regulatory Commission (NRC), to maintain regulatory compatibility with the NRC. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov EFFECTIVE: 12/03/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37086.htm FINANCIAL INSTITUTIONS CREDIT UNIONS No. 37105 (5-year Review): R337-4. Establishment of "Credit Union Service Organizations". REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule clarifies that the department has jurisdiction over credit union service organizations and the activities of credit union service organizations; and should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 12/14/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37105.htm HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 37093 (5-year Review): R386-705. Epidemiology, Health Care Associated Infection. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department supports continuation of Rule R386-705. Healthcare-associated infections are a leading cause of morbidity nationwide, and this rule enables the Department to track Utah's CLABSI rates over time, facilitating monitoring and identification of trends in rates (increasing, indicating a growing problem, or decreasing, indicating improvements) in various healthcare facilities. This rule also allows the Department to review healthcare worker influenza vaccination data which is provided to the public, facilitating transparency to Utah’s citizens as they choose which facilities to use for care. It is important that this rule is maintained. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Stevens Dimond by phone at 801-538-6810, by FAX at 801-538-9923, or by Internet E-mail at melissastevens@utah.gov EFFECTIVE: 12/07/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37093.htm CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 37087 (5-year Review): R436-6. Delayed Registration of Birth or Death. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: With the requirements under the federal REAL-ID Act that individuals produce a birth certificate in order to renew their driver's license, the rule allows the Registrar to reject court orders for individuals not born nor currently residing in Utah. It also allows us to reject court orders for death certificates when the place of death is not established to be in Utah. Without this discretion, Utah could potentially be a source of fraudulent birth and death certificates. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov EFFECTIVE: 12/03/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37087.htm INSURANCE ADMINISTRATION No. 37099 (5-year Review): R590-124. Loss Information Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is important that the law provide guidelines to insurers for the maintenance and dissemination of loss information to the insured and other insurers, otherwise, loss information would not be released by insurers. Loss information is important to insureds to determine if their efforts to reduce losses has been successful and it is important to insurers who want to provide the insured with a competitive quote for their business. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 12/12/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37099.htm No. 37100 (5-year Review): R590-155. Utah Life and Health Insurance Guaranty Association Summary Document. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 31A-28-119 was written to prohibit agents from telling prospective insureds that the policy they were buying was covered by the Guaranty Association, in the event the insurance company becomes insolvent. This assurance has been used deceptively to sell policies where the insurer was financially insolvent and/or unsound. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 12/12/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37100.htm No. 37101 (5-year Review): R590-215. Permissible Arbitration Provisions for Individual and Group Health Insurance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Federal law requires states to establish rules setting guidelines for the use of arbitration in the claims process. This rule provides those guidelines. Once an insured has exhausted the insurer's internal appeals process, then they have the right to arbitration. This rule defines arbitration in its several forms, as well as the process itself. By having this rule the arbitration process is the same in all states, which reduces confusion and misunderstanding. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 12/12/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37101.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 37090 (5-year Review): R657-23. Utah Hunter Education Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-23 provides the procedures and requirements for presenting and obtaining proof of having successfully completed an approved hunter education course. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of the hunter education program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 12/05/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37090.htm No. 37091 (5-year Review): R657-33. Taking Bear. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-33 provides the procedures, standards, and requirements for taking and pursuing bear. The provisions adopted in this rule are effective in providing the standards and requirements for taking and pursuing bear. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 12/05/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37091.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37095 (5-year Review): R746-343. Rule for Deaf, Severely Hearing or Speech Impaired Person. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it establishes eligibility requirements and sets forth the procedure for approval of an application and the distribution process for telecommunications devices for the deaf (TDDs). This rule provides instructions for training, replacement of TDDs, ownership and liability, and out-of-state use. The rule also sets forth the liability of the telephone relay center and confidentiality and privacy requirements. Section R746-343-15 establishes the surcharge to be collected to cover the cost of the program as required by Subsection 54-8b-10(4). This rule is also necessary to comply with provisions in the Americans with Disabilities Act (ADA) and Federal Communications Commission (FCC) regulations. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Clark by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 12/10/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37095.htm No. 37102 (5-year Review): R746-356. Intrastate (IntraLATA) Equal Access to Toll Calling Services by Telecommunications Carriers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 54-8b-2.2 requirements continue to authorize this rule for the reasons stated in the "concise explanation of the particular statutory provisions." Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Clark by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 12/13/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37102.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 37088 (5-year Review): R850-70. Sales of Forest Products From Trust Lands Administration Lands. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the guidelines for the agency to follow in the management and sale of forest product resources located on trust lands. It also provides the public with the requirements for the acquisition of these resources. The sale of these products provides valuable revenue for the benefit of the respective beneficiaries of the land. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 12/04/2012 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130101/37088.htm 4. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over. Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3- 303, and Sections R15-4-5a and 5b. COMMERCE CONSUMER PROTECTION No. 36905 (AMD): R152-34.Postsecondary Proprietary School Act Rules Published: 10/15/2012 Effective: 12/05/2012 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 36930 (AMD): R156-38b.State Construction Registry Rule Published: 11/01/2012 Effective: 12/10/2012 ENVIRONMENTAL QUALITY AIR QUALITY No. 36742 (AMD): R307-110.General Requirements: State Implementation Plan Published: 10/01/2012 Effective: 12/06/2012 No. 36721 (AMD): R307-110-10.Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter Published: 10/01/2012 Effective: 12/06/2012 HEALTH ADMINISTRATION No. 36843 (NEW): R380-42.Open and Public Meetings Act Electronic Meetings Published: 10/15/2012 Effective: 12/11/2012 DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 36937 (NEW): R384-202.Traumatic Spinal Cord and Brain Injury Rehabilitation Fund Published: 11/01/2012 Effective: 12/18/2012 DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 36853 (AMD): R386-705.Epidemiology, Health Care Associated Infection Published: 10/15/2012 Effective: 12/21/2012 FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 36715 (AMD): R430-6.Background Screening Published: 10/01/2012 Effective: 01/01/2013 No. 36716 (AMD): R430-50.Residential Certificate Child Care Published: 10/01/2012 Effective: 01/01/2013 No. 36717 (AMD): R430-60.Hourly Child Care Centers Published: 10/01/2012 Effective: 01/01/2013 No. 36718 (AMD): R430-70.Out of School Time Child Care Programs Published: 10/01/2012 Effective: 01/01/2013 No. 36719 (AMD): R430-90.Licensed Family Child Care Published: 10/01/2012 Effective: 01/01/2013 No. 36720 (AMD): R430-100.Child Care Centers Published: 10/01/2012 Effective: 01/01/2013 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 36879 (R&R): R432-35.Background Screening Published: 10/15/2012 Effective: 12/12/2012 HUMAN SERVICES ADMINISTRATION No. 36911 (AMD): R495-890.Department of Human Services Related Parties Conflict Investigation Procedure for Non Contracted Private Sector Independent Child Protective Services Published: 11/01/2012 Effective: 12/10/2012 CHILD AND FAMILY SERVICES No. 36916 (NEW): R512-52.Drug Testing Copayment for Parents of Children in Child and Family Services Custody Published: 11/01/2012 Effective: 12/11/2012 INSURANCE ADMINISTRATION No. 36215 (AMD): R590-162.Actuarial Opinion and Memorandum Rule Published: 06/01/2012 Effective: 12/05/2012 No. 36215 (CPR): R590-162.Actuarial Opinion and Memorandum Rule Published: 10/15/2012 Effective: 12/05/2012 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 36942 (AMD): R612-2-5.Regulation of Medical Practitioner Fees Published: 11/01/2012 Effective: 12/10/2012 PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 36912 (AMD): R722-300.Concealed Firearm Permit and Instructor Rule Published: 11/01/2012 Effective: 12/10/2012 TAX COMMISSION PROPERTY TAX No. 36939 (AMD): R884-24P-53.2012 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59- 2-515 Published: 11/01/2012 Effective: 12/14/2012 No. 36940 (AMD): R884-24P-66.County Board of Equalization Procedures and Appeals Pursuant to Utah Code Ann. Section 59-2-1004 Published: 11/01/2012 Effective: 12/14/2012 No. 36862 (AMD): R884-24P-73.Urban Farming Assessment Pursuant to Utah Code Ann. Section 59-2-1703 Published: 10/15/2012 Effective: 01/01/2013 TRANSPORTATION OPERATIONS, TRAFFIC AND SAFETY No. 36948 (R&R): R920-4.Special Road Use Published: 11/01/2012 Effective: 12/10/2012 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 36868 (AMD): R986-200.Family Employment Program Published: 10/15/2012 Effective: 12/05/2012 5. RULES INDEX The Rules Index is a cumulative index that reflects all effective Utah administrative rules. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <>