Utah State Bulletin, Volume 2017, Number 11 (June 1, 2017)

Notices of Utah State Government
Filed May 2, 2017, 12:00 AM through May 15, 2017, 11:59 PM

Nancy L. Lancaster, Managing Editor


The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of Utah state government. The Office 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/2017/b20170601.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: Office 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.

Table of Contents

1. Special Notices

2. Executive Documents

3. Notices of Proposed Rules

  • Administrative Services
    • Facilities Construction and Management
      • No. 41578 (Amendment): Rule R23-3. Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting for State Owned Facilities
    • Fleet Operations
      • No. 41609 (Amendment): Rule R27-7. Safety and Loss Prevention of State Vehicles
  • Commerce
    • Real Estate
      • No. 41618 (Amendment): Rule R162-2c. Utah Residential Mortgage Practices and Licensing Rules
  • Education
    • Administration
      • No. 41646 (New Rule): Rule R277-122. Board of Education Procurement
      • No. 41647 (Amendment): Section R277-474-3. General Provisions
      • No. 41648 (Amendment): Rule R277-487. Public School Data Confidentiality and Disclosure
  • Environmental Quality
    • Air Quality
      • No. 41626 (Amendment): Rule R307-122. General Requirements: Heavy Duty Vehicle Tax Credit
      • No. 41627 (New Rule): Rule R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters
      • No. 41628 (Amendment): Rule R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust
    • Waste Management and Radiation Control, Waste Management
      • No. 41650 (Amendment): Rule R315-15. Standards for the Management of Used Oil
      • No. 41651 (Amendment): Rule R315-260. Hazardous Waste Management System
      • No. 41652 (Amendment): Rule R315-261. General Requirements -- Identification and Listing of Hazardous Waste
      • No. 41653 (Amendment): Rule R315-262. Hazardous Waste Generator Requirements
      • No. 41654 (Amendment): Section R315-263-12. Transfer Facility Requirements
      • No. 41655 (Amendment): Rule R315-264. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
      • No. 41656 (Amendment): Section R315-265-1. Incorporation
      • No. 41657 (Amendment): Section R315-266-80. Spent Lead-Acid Batteries Being Reclaimed -- Applicability and Requirements
      • No. 41658 (Amendment): Rule R315-268. Land Disposal Restrictions
      • No. 41659 (Amendment): Section R315-270-1. Hazardous Waste Permit Program -- Purpose and Scope of These Regulations
      • No. 41660 (Amendment): Rule R315-273. Standards for Universal Waste Management
      • No. 41661 (Amendment): Section R315-301-2. Definitions
      • No. 41662 (Amendment): Section R315-304-3. Definitions
      • No. 41663 (Amendment): Section R315-305-3. Definitions
  • Financial Institutions
    • Administration
      • No. 41608 (Amendment): Rule R331-10. Schedule for Retention or Destruction of Records of Financial Institutions Under the Jurisdiction of the Department of Financial Institutions
  • Governor
    • Economic Development
      • No. 41649 (New Rule): Rule R357-20. Education Computing Partnerships
  • Health
    • Family Health and Preparedness, Emergency Medical Services
      • No. 41617 (Amendment): Rule R426-8. Emergency Medical Services Ground Ambulance Rates and Charges
    • Disease Control and Prevention, Laboratory Services
      • No. 41568 (Repeal): Rule R438-12. Rule for Law Enforcement Blood Draws
  • Human Services
    • Substance Abuse and Mental Health
      • No. 41607 (Amendment): Rule R523-5. Adult Peer Support Specialist Training and Certification
  • Judicial Performance Evaluation Commission
    • Administration
      • No. 41620 (Amendment): Section R597-2-2. Disclosure, Recusal, and Disqualification
      • No. 41623 (Amendment): Section R597-3-1. Evaluation Cycles
      • No. 41624 (Amendment): Section R597-3-3. Courtroom Observation
      • No. 41625 (Amendment): Section R597-3-5. Public Comments
  • Natural Resources
    • Water Rights
      • No. 41590 (Repeal): Rule R655-2. Procedure for Administrative Proceedings Before the Division of Water Rights Commenced Prior to January 1, 1988
    • Wildlife Resources
      • No. 41585 (New Rule): Rule R657-29. Government Records Access Management Act
  • Pardons (Board Of)
    • Administration
      • No. 41615 (Amendment): Rule R671-202. Notification of Hearings
  • Public Safety
    • Administration
      • No. 41586 (New Rule): Rule R698-10. Electronic Meetings
  • Public Service Commission
    • Administration
      • No. 41645 (Amendment): Section R746-343-15. Surcharge
      • No. 41644 (Amendment): Section R746-360-4. Application of Fund Surcharges to Customer Billings
  • Transportation
    • Program Development
      • No. 41619 (Amendment): Rule R926-11. Clean Fuel Vehicle Decal Program
  • Workforce Services
    • Housing and Community Development
      • No. 41611 (Amendment): Rule R990-101. Qualified Emergency Food Agencies Fund (QEFAF)
    • Rehabilitation
      • No. 41616 (Amendment): Rule R993-300. Certification Requirements for Interpreters for the Hearing Impaired

4. Notices of Changes in Proposed Rules

  • Insurance
    • Administration
      • No. 41296 (Change in Proposed Rule): Rule R590-206. Privacy of Consumer Financial and Health Information Rule

5. Notices of 120-Day (Emergency) Rules

  • Natural Resources
    • Oil, Gas and Mining; Oil and Gas
      • No. 41614 (Emergency Rule): Section R649-2-9. Refusal to Agree

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

  • Administrative Services
    • Risk Management
      • No. 41601 (5-year Review): Rule R37-1. Risk Management General Rules
      • No. 41602 (5-year Review): Rule R37-2. Risk Management State Workers' Compensation Insurance Administration
      • No. 41603 (5-year Review): Rule R37-3. Risk Management Adjudicative Proceedings
      • No. 41604 (5-year Review): Rule R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments
  • Capitol Preservation Board (State)
    • Administration
      • No. 41573 (5-year Review): Rule R131-3. Use of Magnetometers on Capitol Hill
  • Commerce
    • Consumer Protection
      • No. 41610 (5-year Review): Rule R152-34. Postsecondary Proprietary School Act Rules
  • Environmental Quality
    • Air Quality
      • No. 41629 (5-year Review): Rule R307-105. General Requirements: Emergency Controls
      • No. 41630 (5-year Review): Rule R307-214. National Emission Standards for Hazardous Air Pollutants
      • No. 41631 (5-year Review): Rule R307-401. Permit: New and Modified Sources
      • No. 41632 (5-year Review): Rule R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
      • No. 41634 (5-year Review): Rule R307-406. Visibility
      • No. 41636 (5-year Review): Rule R307-410. Permits: Emissions Impact Analysis
      • No. 41638 (5-year Review): Rule R307-414. Permits: Fees for Approval Orders
      • No. 41639 (5-year Review): Rule R307-415. Permits: Operating Permit Requirements
      • No. 41640 (5-year Review): Rule R307-417. Permits: Acid Rain Sources
      • No. 41641 (5-year Review): Rule R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties
      • No. 41642 (5-year Review): Rule R307-421. Permits: PM10 Offset Requirements in Salt Lake County and Utah County
      • No. 41643 (5-year Review): Rule R307-424. Permits: Mercury Requirements for Electric Generating Units
    • Water Quality
      • No. 41613 (5-year Review): Rule R317-3. Design Requirements for Wastewater Collection, Treatment and Disposal Systems
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 41588 (5-year Review): Rule R414-100. Medicaid Primary Care Network Services
      • No. 41589 (5-year Review): Rule R414-200. Non-Traditional Medicaid Health Plan Services
  • Insurance
    • Administration
      • No. 41569 (5-year Review): Rule R590-238. Captive Insurance Companies
  • Labor Commission
    • Administration
      • No. 41587 (5-year Review): Rule R600-2. Operations
    • Adjudication
      • No. 41605 (5-year Review): Rule R602-1. General Provisions
      • No. 41612 (5-year Review): Rule R602-2. Adjudication of Workers' Compensation and Occupational Disease Claims
  • Natural Resources
    • Water Rights
      • No. 41593 (5-year Review): Rule R655-1. Wells Used for the Discovery and Production of Geothermal Energy in the State of Utah
      • No. 41592 (5-year Review): Rule R655-6. Administrative Procedures for Informal Proceedings Before the Division of Water Rights
      • No. 41591 (5-year Review): Rule R655-15. Administrative Procedures for Distribution Systems and Water Commissioners
    • Wildlife Resources
      • No. 41580 (5-year Review): Rule R657-2. Adjudicative Proceedings
      • No. 41583 (5-year Review): Rule R657-4. Possession of Live Game Birds
      • No. 41581 (5-year Review): Rule R657-22. Commercial Hunting Areas
      • No. 41582 (5-year Review): Rule R657-30. Fishing License for the Terminally Ill
  • Public Safety
    • Fire Marshal
      • No. 41571 (5-year Review): Rule R710-1. Concerns Servicing Portable Fire Extinguishers
      • No. 41572 (5-year Review): Rule R710-2. Rules Pursuant to the Utah Fireworks Act
      • No. 41574 (5-year Review): Rule R710-3. Assisted Living Facilities
      • No. 41575 (5-year Review): Rule R710-4. Buildings Under the Jurisdiction of the State Fire Prevention Board
      • No. 41584 (5-year Review): Rule R710-7. Concerns Servicing Automatic Fire Suppression Systems
      • No. 41577 (5-year Review): Rule R710-9. Rules Pursuant to the Utah Fire Prevention and Safety Act

7. Notices of Expired Rules

  • Natural Resources
    • Wildlife Resources
      • No. 41579 (Expired): Rule R657-29. Government Records Access Management Act

8. 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 Office of Administrative Rules.