Health, Epidemiology and Laboratory Services, Environmental Services

Rule R392-600

Illegal Drug Operations Decontamination Standards

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33410
Filed: 02/25/2010 01:46:33 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized under Section 19-6-906, which sets decontamination and sampling standards and best management practices for the inspection and decontamination of property contaminated by illegal drug operations.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Bureau of Epidemiology has received many written comments both supporting and opposing specific aspects of the rule. Many of these comments were in support of revising the rule to be more comprehensive and the establishment of a health-based standard; however, there were also concerns regarding the standard being raised from 0.1 ug/100cm2 to 1.0 ug/100 cm2. After numerous committees were convened, where all stakeholders and scientific disciplines were represented, it was agreed that the results of the research supported the protection of public health at the increased standard. Currently, other changes are being considered to the rule, and with each of these changes there is the possibility that other written or verbal comments may result.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule fills a crucial niche in the protection of public health from illegal drug operations. This is supported by the fact that, although there has been opposition to specific aspects of the rule, no stakeholder or public entity believes the rule is not needed or has not been successful. The majority of the comments received regarding the rule were not in favor of increasing the standard; however, independent contracted research into the adverse health effects concerning methamphetamine exposure supported this increase. Although the rule is not without flaws, it is the most accurate reflection of the understanding of the science today. The research and knowledge surrounding methamphetamine use and contamination is constantly evolving, and this rule will evolve with the science. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov
• Christina McNaughton at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at cmcnaugh@utah.gov

Effective:

02/25/2010

Authorized by:

David Sundwall, Executive Director