Utah State Bulletin, Volume 2016, Number 3 (February 1, 2016)

Notices of Utah State Government
Filed January 1, 2016, 12:00 AM through January 15, 2016, 11:59 PM

Nancy L. Lancaster, Editor
Patricia Smith-Mansfield, Director
Kimberly K. Hood, Executive Director

The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, produces the Bulletin under authority of Section 63G-3-402.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version.

Inquiries concerning the substance or applicability of an administrative rule that appears in the Bulletin should be addressed to the contact person for the rule. Questions about the Bulletin or the rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/.

The information in this Bulletin is summarized in the Utah State Digest (Digest) of the same volume and issue number. The Digest is available by e-mail subscription or online. Visit https://rules.utah.gov/publications/utah-state-dig/ for additional information.

1. Editor's Notes

Administrative Services
- Administrative Rules
  - Erroneous Filing of Notices of Effective Date for Two Board of Education Rules

2. Special Notices

Environmental Quality
- Air Quality
  - Notice of Public Comment Period for High Wind Exceptional Event

3. Notices of Proposed Rules

Education
- Administration
  - No. 40098 (Amendment): Rule R277-494. Charter, Online, Home, and Private School Student Participation in Extracurricular or Co-curricular School Activities
  - No. 40100 (Amendment): Rule R277-510. Educator Licensing - Highly Qualified Assignment
- Rehabilitation
  - No. 40102 (Amendment): Rule R280-204. Utah State Office of Rehabilitation Employee Background Check Requirement
Environmental Quality
- Waste Management and Radiation Control, Waste Management
  - No. 40117 (Repeal): Rule R315-1. Utah Hazardous Waste Definitions and References
  - No. 40118 (Repeal): Rule R315-2. General Requirements - Identification and Listing of Hazardous Waste
  - No. 40119 (Repeal): Rule R315-3. Application and Permit Procedures for Hazardous Waste Treatment, Storage, and Disposal Facilities
  - No. 40120 (Repeal): Rule R315-4. Procedures for Decisionmaking
  - No. 40121 (Repeal): Rule R315-5. Hazardous Waste Generator Requirements
  - No. 40122 (Repeal): Rule R315-6. Hazardous Waste Transporter Requirements
  - No. 40123 (Repeal): Rule R315-7. Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities
  - No. 40124 (Repeal): Rule R315-8. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
  - No. 40125 (Repeal): Rule R315-9. Emergency Controls
  - No. 40126 (Repeal): Rule R315-12. Administrative Procedures
  - No. 40127 (Repeal): Rule R315-13. Land Disposal Restrictions
  - No. 40128 (Repeal): Rule R315-14. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
  - No. 40129 (Repeal): Rule R315-16. Standards for Universal Waste Management
  - No. 40130 (Repeal): Rule R315-50. Appendices
  - No. 40105 (New Rule): Rule R315-103. Commercial Hazardous Waste Facility Siting Criteria
  - No. 40106 (New Rule): Rule R315-124. Procedures for Decisionmaking
  - No. 40107 (New Rule): Rule R315-260. Hazardous Waste Management System
  - No. 40108 (New Rule): Rule R315-261. General Requirements - Identification and Listing of Hazardous Waste
  - No. 40109 (New Rule): Rule R315-262. Hazardous Waste Generator Requirements
  - No. 40110 (New Rule): Rule R315-263. Standards Applicable to Transporters of Hazardous Waste and Standards Applicable to Emergency Control of Spills for All Hazardous Waste Handlers
  - No. 40115 (New Rule): Rule R315-264. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
  - No. 40111 (New Rule): Rule R315-265. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
  - No. 40112 (New Rule): Rule R315-266. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
  - No. 40113 (New Rule): Rule R315-268. Land Disposal Restrictions
  - No. 40114 (New Rule): Rule R315-270. Hazardous Waste Permit Program
  - No. 40116 (New Rule): Rule R315-273. Standards for Universal Waste Management
Heritage and Arts
- Arts and Museums
  - No. 40103 (New Rule): Rule R451-3. Arts and Culture Business Alliance General Program Rules
Human Services
- Recovery Services
  - No. 40096 (Amendment): Rule R527-40. Retained Support
Natural Resources
- Wildlife Resources
  - No. 40094 (Amendment): Rule R657-3. Collection, Importation, Transportation, and Possession of Animals
  - No. 40093 (Amendment): Rule R657-33. Taking Bear
Transportation
- Program Development
  - No. 40056 (Amendment): Rule R926-3. Class B and Class C Road Funds
  - No. 40057 (Amendment): Section R926-13-4. Highways Within the State That Are Designated as State Scenic Byways
Workforce Services
- Employment Development
  - No. 40104 (Amendment): Rule R986-700. Child Care Assistance

4. Notices of Changes in Proposed Rules

Public Service Commission
- Administration
  - No. 39934 (Change in Proposed Rule): Rule R746-409. Pipeline Safety

5. Five-Year Notices of Review and Statements of Continuation

Capitol Preservation Board (State)
- Administration
  - No. 40092 (5-year Review): Rule R131-4. Capitol Preservation Board General Procurement Rule
Commerce
- Occupational and Professional Licensing
  - No. 40058 (5-year Review): Rule R156-3a. Architect Licensing Act Rule
  - No. 40071 (5-year Review): Rule R156-9a. Uniform Athlete Agents Act Rule
  - No. 40052 (5-year Review): Rule R156-46b. Division Utah Administrative Procedures Act Rule
  - No. 40055 (5-year Review): Rule R156-60d. Substance Use Disorder Counselor Act Rule
Education
- Administration
  - No. 40099 (5-year Review): Rule R277-510. Educator Licensing - Highly Qualified Assignment
- Rehabilitation
  - No. 40101 (5-year Review): Rule R280-204. Utah State Office of Rehabilitation Employee Background Check Requirement
Financial Institutions
- Administration
  - No. 40139 (5-year Review): Rule R331-26. Ownership of Real Estate Other Than Property Used for Institution Business or Held as an Investment by Depository Institutions Subject to the Jurisdiction of the Department of Financial Institutions
Heritage and Arts
- Indian Affairs
  - No. 40137 (5-year Review): Rule R456-1. Native American Grave Protection and Repatriation
Human Services
- Administration
  - No. 40050 (5-year Review): Rule R495-862. Communicable Disease Control Act
- Recovery Services
  - No. 40053 (5-year Review): Rule R527-200. Administrative Procedures
  - No. 40054 (5-year Review): Rule R527-250. Emancipation
Natural Resources
- Parks and Recreation
  - No. 40059 (5-year Review): Rule R651-201. Definitions
  - No. 40060 (5-year Review): Rule R651-202. Boating Advisory Council
  - No. 40061 (5-year Review): Rule R651-203. Waterway Marking System
  - No. 40062 (5-year Review): Rule R651-204. Regulating Waterway Markers
  - No. 40063 (5-year Review): Rule R651-205. Zoned Waters
  - No. 40064 (5-year Review): Rule R651-206. Carrying Passengers for Hire
  - No. 40066 (5-year Review): Rule R651-207. Registration Fee
  - No. 40067 (5-year Review): Rule R651-208. Backing Plates
  - No. 40084 (5-year Review): Rule R651-209. Anchored and Beached Vessels
  - No. 40068 (5-year Review): Rule R651-210. Change of Address
  - No. 40069 (5-year Review): Rule R651-211. Assigned Numbers
  - No. 40070 (5-year Review): Rule R651-212. Display of Yearly Registration Decals and Month of Expiration Decals
  - No. 40072 (5-year Review): Rule R651-213. Dealer Numbers and Registrations
  - No. 40073 (5-year Review): Rule R651-214. Temporary Registration
  - No. 40074 (5-year Review): Rule R651-215. Personal Flotation Devices
  - No. 40075 (5-year Review): Rule R651-216. Navigation Lights - Note: Figures 1 through 7 mentioned below are on file with the Utah Division of Parks and Recreation
  - No. 40076 (5-year Review): Rule R651-217. Fire Extinguishers
  - No. 40077 (5-year Review): Rule R651-218. Carburetor Backfire Flame Control
  - No. 40078 (5-year Review): Rule R651-219. Additional Safety Equipment
  - No. 40079 (5-year Review): Rule R651-220. Registration and Numbering Exemptions
  - No. 40080 (5-year Review): Rule R651-221. Boat Liveries - Boat Rental Companies
  - No. 40081 (5-year Review): Rule R651-222. Muffling Requirements
  - No. 40082 (5-year Review): Rule R651-224. Towed Devices
  - No. 40083 (5-year Review): Rule R651-226. Regattas and Races
  - No. 40087 (5-year Review): Rule R651-401. Off-Highway Vehicle and Registration Stickers
  - No. 40088 (5-year Review): Rule R651-405. Off-Highway Implement of Husbandry Sticker Fee
  - No. 40089 (5-year Review): Rule R651-406. Off-Highway Vehicle Registration Fees
  - No. 40065 (5-year Review): Rule R651-611. Fee Schedule
  - No. 40085 (5-year Review): Rule R651-801. Swimming Prohibited
  - No. 40086 (5-year Review): Rule R651-802. Scuba Diving
- Forestry, Fire and State Lands
  - No. 40138 (5-year Review): Rule R652-2. Sovereign Land Management Objectives
  - No. 40134 (5-year Review): Rule R652-8. Adjudicative Proceedings
  - No. 40133 (5-year Review): Rule R652-9. Consistency Review
  - No. 40136 (5-year Review): Rule R652-41. Rights of Entry
  - No. 40135 (5-year Review): Rule R652-80. Land Exchanges
  - No. 40132 (5-year Review): Rule R652-123. Exemptions to Wildland Fire Suppression Fund

6. Notices of Five-Year Extensions

Public Safety
- Driver License
  - No. 40095 (Five-Year Extension): Rule R708-16. Pedestrian Vehicle Rule

7. Notices of Rule Effective Dates

Additional Information

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.

For questions about the rulemaking process, please contact the Division of Administrative Rules.

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