Utah State Digest, Vol. 2016, No. 3 (February 1, 2016) [NOTE: If your e-mail program truncates this message before the "<>" notation at the end, or otherwise does not display the document correctly, you may find this and previous editions of the Digest online at http://www.rules.utah.gov/publicat/digest.htm.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 1, 2016, 12:00 AM through January 15, 2016, 11:59 PM Volume 2016, No. 3 February 1, 2016 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. 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 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, 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 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. Division of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. EDITOR'S NOTES Erroneous Filing of Notices of Effective Date for Two Board of Education Rules - Michael Broschinsky by phone at 801-538-3003, by FAX at 801-537-9240, or by Internet E-mail at mbroschi@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/ed157188.htm 2. SPECIAL NOTICES Notice of Public Comment Period for High Wind Exceptional Event - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/sn157156.htm 3. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between January 1, 2016, 12:00 a.m., and January 15, 2016, 11:59 p.m. are summarized in this, the February 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 1, 2016, issue of the Utah State Bulletin until at least March 2, 2016 (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 31, 2016, 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. 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, R15-4-5a, R15-4-9, and R15-4-10. EDUCATION ADMINISTRATION No. 40098 (Amendment): R277-494. Charter, Online, Home, and Private School Student Participation in Extracurricular or Co-curricular School Activities. SUMMARY OF THE RULE OR CHANGE: The amendments provide language that clarifies the procedures and responsibility for fees associated with a charter or online school student to participate in extracurricular or co- curricular activity at another public school. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co- curricular activities, which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40098.htm No. 40100 (Amendment): R277-510. Educator Licensing - Highly Qualified Assignment. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-510 provide updated language and terminology and also provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40100.htm REHABILITATION No. 40102 (Amendment): R280-204. Utah State Office of Rehabilitation Employee Background Check Requirement. SUMMARY OF THE RULE OR CHANGE: The amendments for Rule R280-204 provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide technical and conforming changes, which will likely not result in any cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide technical and conforming changes, which will likely not result in any cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide technical and conforming changes, which will likely not result in any cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule provide technical and conforming changes, which will likely not result in any cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule provide technical and conforming changes, which will likely not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40102.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40117 (Repeal): R315-1. Utah Hazardous Waste Definitions and References. SUMMARY OF THE RULE OR CHANGE: Rule R315-1 will be repealed in its entirety and replaced by Sections R315-260-10 and R315-260-11, Subsection R315-261- 1(c), and Sections R315-270-2 and R315-270-6. (DAR NOTE: The proposed new Rule R315-260 is under DAR No. 40107, the proposed new Rule R315-261 is under DAR No. 40108, and the proposed new Rule R315-270 is under DAR No. 40114 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-270. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-270. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-270. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-270. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-270. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40117.htm No. 40118 (Repeal): R315-2. General Requirements - Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: R315-2 is repealed in its entirety and is replaced by Rule R315-261 and part of Rule R315-260. (DAR NOTE: The proposed new Rule R315-260 is under DAR No. 40107, and the proposed new Rule R315-261 is under DAR No. 40108 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-261. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-261. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-261. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-261. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-260 and R315-261. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40118.htm No. 40119 (Repeal): R315-3. Application and Permit Procedures for Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-3 is repealed in its entirety and is replaced by Rule R315-270. (DAR NOTE: The proposed new Rule R315-270 is under DAR No. 40114 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40119.htm No. 40120 (Repeal): R315-4. Procedures for Decisionmaking. SUMMARY OF THE RULE OR CHANGE: Rule R315-4 is repealed in its entirety and is replaced by Rules R315-124 and R315-103. (DAR NOTE: The proposed new Rule R315-103 is under DAR No. 40105, and the proposed new Rule R315-124 is under DAR No. 40106 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-103 and R315-124. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40120.htm No. 40121 (Repeal): R315-5. Hazardous Waste Generator Requirements. SUMMARY OF THE RULE OR CHANGE: Rule R315-5 is repealed in its entirety and is replaced by Rule R315-262. (DAR NOTE: The proposed new Rule R315-262 is under DAR No. 40109 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-262. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-262. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-262. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-262. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-262. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40121.htm No. 40122 (Repeal): R315-6. Hazardous Waste Transporter Requirements. SUMMARY OF THE RULE OR CHANGE: Rule R315-6 is repealed in its entirety and is replaced by Rule R315-263. (DAR NOTE: The proposed new Rule R315-263 is under DAR No. 40110 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-263. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-263. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-263. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-263. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-263. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40122.htm No. 40123 (Repeal): R315-7. Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-7 is repealed in its entirety and is replaced by Rule R315-265. (DAR NOTE: The proposed new Rule R315-265 is under DAR No. 40111 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-265. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-265. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-265. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rules R315-265. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-265. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40123.htm No. 40124 (Repeal): R315-8. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-8 is repealed in its entirety and is replaced by Rule R315-264. (DAR NOTE: The proposed new Rule R315-264 is under DAR No. 40115 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-264. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-264. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-264. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-264. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-264. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40124.htm No. 40125 (Repeal): R315-9. Emergency Controls. SUMMARY OF THE RULE OR CHANGE: Rule R315-9 is repealed in its entirety and is replaced by Rule R315-263. (DAR NOTE: The proposed new Rule R315-263 is under DAR No. 40110 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40125.htm No. 40126 (Repeal): R315-12. Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R315-12 is repealed in its entirety and is replaced by Rule R305-7. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no change in the activities as Rule R315- 12 only referred the reader to Rule R305-7. - LOCAL GOVERNMENTS: There will be no cost or savings as Rule R315-12 only referred the reader to Rule R305-7 which has been in place for several years. - SMALL BUSINESSES: There will be no cost or savings as Rule R315-12 only referred the reader to Rule R305-7 which has been in place for several years. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings as Rule R315-12 only referred the reader to Rule R305-7 which has been in place for several years. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost or savings as Rule R315-12 only referred the reader to Rule R305-7 which has been in place for several years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost or savings as Rule R315-12 only referred the reader to Rule R305-7 which has been in place for several years. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40126.htm No. 40127 (Repeal): R315-13. Land Disposal Restrictions. SUMMARY OF THE RULE OR CHANGE: Rule R315-13 is repealed in its entirety and is replaced by Rule R315-268. (DAR NOTE: The proposed new Rule R315-268 is under DAR No. 40113 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-268. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-268. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-268. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-268. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-268. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40127.htm No. 40128 (Repeal): R315-14. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-14 is repealed in its entirety and is replaced by Rule R315-266. (DAR NOTE: The proposed new Rule R315-266 is under DAR No. 40112 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40128.htm No. 40129 (Repeal): R315-16. Standards for Universal Waste Management. SUMMARY OF THE RULE OR CHANGE: Rule R315-16 is repealed in its entirety and is replaced by Rule R315-273. (DAR NOTE: The proposed new Rule R315-273 is under DAR No. 40116 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-273. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-273. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-273. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-273. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-273. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40129.htm No. 40130 (Repeal): R315-50. Appendices. SUMMARY OF THE RULE OR CHANGE: Rule R315-50 is repealed in its entirety and is replaced by Rules R315-261, R315-264, and R315-265. (DAR NOTE: The proposed new Rule R315-261 is under DAR No. 40108, the proposed new Rule R315-264 is under DAR No. 40115, and the proposed new Rule R315-265 is under DAR No. 40111 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265. - SMALL BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315- 265. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40130.htm No. 40105 (New Rule): R315-103. Commercial Hazardous Waste Facility Siting Criteria. SUMMARY OF THE RULE OR CHANGE: The change is in number only. The "Commercial Hazardous Waste Facility Siting Criteria" is currently in Section R315-4-11 and is moved with no changes to the new Rule R315-103. (DAR NOTE: The proposed repeal of Rule R315-4 is under DAR No. 40120 in this issue, February 1, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost as the rule is not changed but just renumbered. - LOCAL GOVERNMENTS: There is no cost as the rule is not changed but just renumbered. - SMALL BUSINESSES: There is no cost as the rule is not changed but just renumbered. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost as the rule is not changed but just renumbered. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost as the rule is not changed but just renumbered. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no cost as the rule is not changed but just renumbered. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40105.htm No. 40106 (New Rule): R315-124. Procedures for Decisionmaking. SUMMARY OF THE RULE OR CHANGE: The change renumbers and rewords the rule. Rule R315-124 replaces Rule R315-4 with the addition of steps that must be taken to qualify to file an appeal of an action taken by the Director. The changes reflect the changes made by S.B. 11 (2012 General Session). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost as the rule reflects a rewording of the current rule and changes made by statute. - LOCAL GOVERNMENTS: There is no cost as the rule reflects a rewording of the current rule and changes made by statute. - SMALL BUSINESSES: There is no cost as the rule reflects a rewording of the current rule and changes made by statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost as the rule reflects a rewording of the current rule and changes made by statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost as the rule reflects a rewording of the current rule and changes made by statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no cost as the rule reflects a rewording of the current rule and changes made by statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40106.htm No. 40107 (New Rule): R315-260. Hazardous Waste Management System. SUMMARY OF THE RULE OR CHANGE: Rule R315-260 replaces parts of Rules R315-1 and R315-2. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings depending on the hazardous waste management activities conducted. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings depending on the hazardous waste management activities conducted at a business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40107.htm No. 40108 (New Rule): R315-261. General Requirements - Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: Rule R315-261 replaces parts of Rules R315-2 and R315-50. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40108.htm No. 40109 (New Rule): R315-262. Hazardous Waste Generator Requirements. SUMMARY OF THE RULE OR CHANGE: Rule R315-262 replaces Rule R315-5. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40109.htm No. 40110 (New Rule): R315-263. Standards Applicable to Transporters of Hazardous Waste and Standards Applicable to Emergency Control of Spills for All Hazardous Waste Handlers. SUMMARY OF THE RULE OR CHANGE: Rule R315-263 replaces Rules R315-6 and R315- 9. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40110.htm No. 40115 (New Rule): R315-264. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-240 replaces Rule R315-8 and part of Rule R315-50. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40115.htm No. 40111 (New Rule): R315-265. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-265 replaces Rule R315-7. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40111.htm No. 40112 (New Rule): R315-266. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities. SUMMARY OF THE RULE OR CHANGE: Rule R315-266 replaces Rule R315-14 and part of Rule R315-50. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40112.htm No. 40113 (New Rule): R315-268. Land Disposal Restrictions. SUMMARY OF THE RULE OR CHANGE: Rule R315-268 replaces Rule R315-13. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40113.htm No. 40114 (New Rule): R315-270. Hazardous Waste Permit Program. SUMMARY OF THE RULE OR CHANGE: Rule R315-270 replaces Rule R315-3. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40114.htm No. 40116 (New Rule): R315-273. Standards for Universal Waste Management. SUMMARY OF THE RULE OR CHANGE: Rule R315-273 replaces Rule R315-16. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue. In addition two waste, that when recycled are not a hazardous waste, have been added to the list of universal wastes. The wastes are antifreeze and aerosol cans. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program. - LOCAL GOVERNMENTS: Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified. In addition any local government that recycles antifreeze or aerosol cans will see a reduction in waste management costs. - SMALL BUSINESSES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by the small business and cannot be quantified. In addition any small business that recycles antifreeze or aerosol cans will see a reduction in waste management costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Most of the rule is not changed but just renumbered, therefore, there will be no cost to a person. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by the person and cannot be quantified. In addition any person that recycles antifreeze or aerosol cans will see a reduction in waste management costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but cannot be quantified. In addition, any person that recycles antifreeze or aerosol cans will see a reduction in waste management costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified. In addition, any business that recycles antifreeze or aerosol cans will see a reduction in waste management costs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40116.htm HERITAGE AND ARTS ARTS AND MUSEUMS No. 40103 (New Rule): R451-3. Arts and Culture Business Alliance General Program Rules. SUMMARY OF THE RULE OR CHANGE: The rule states that the Arts, Culture, and Business Alliance shall operate according to the rules set forth in Section R451-1-1 for management of grants. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Costs associated with board member travel reimbursement, staff time in meeting preparation and grants management, and general meeting costs for meeting twice a year will be approximately $2,000 per year. - LOCAL GOVERNMENTS: There should be no cost or savings to local government as this board is a volunteer participation board. Board members will be reimbursed for travel costs through state per diem rates as indicated in the box for state budget. - SMALL BUSINESSES: There should be no cost or savings to small businesses as this board is a volunteer participation board. Board members will be reimbursed for travel costs through state per diem rates. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There should be no cost or savings to persons unless those persons volunteer to be a member of the board. Board members are reimbursed for any travel costs incurred at state per diem rates. COMPLIANCE COSTS FOR AFFECTED PERSONS: No estimated compliance costs for affected persons as this rule merely instructs for the creation of a voluntary member board. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no significant 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 03/18/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Leah Piccolo by phone at 801-245-7277, or by Internet E-mail at lpiccolo@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40103.htm HUMAN SERVICES RECOVERY SERVICES No. 40096 (Amendment): R527-40. Retained Support. SUMMARY OF THE RULE OR CHANGE: As ORS no longer performs the review of all requests for food stamp retroactive benefits to determine if an offset is to be made, the language contained in Subsection R527-40-3(2)(b) is no longer valid and is being deleted from the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews. - LOCAL GOVERNMENTS: Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to other persons because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses as a result of this rule amendment, because the only change being made is that ORS will no longer be responsible for reviewing requests for food stamp retroactive benefits to determine if an offset is to be made. DWS is now responsible for these reviews. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Andrew Clement by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - LeAnn Wilber by phone at 801-741-7516, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40096.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 40094 (Amendment): R657-3. Collection, Importation, Transportation, and Possession of Animals. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule includes the following changes: 1) exempt live aquatic animal tanks in restaurants and stores from the Certificate of Registration process, and 2) add a definition of “Marine aquatic animal”. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendment makes necessary changes to allow for the use of live aquatic animal tanks in restaurants and stores. DWR determines that these amendments will not create any cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing 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: These amendments make the necessary changes to allow for the use of live aquatic animal tanks in restaurants and stores. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments make the necessary changes to allow for the use of live aquatic animal tanks in restaurants and stores. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments allow for the use of live aquatic animal tanks in restaurants and stores without completing the certificate of registration process. DWR determines that there are no additional compliance costs associated with this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 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: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40094.htm No. 40093 (Amendment): R657-33. Taking Bear. SUMMARY OF THE RULE OR CHANGE: The proposed revisions are the following: 1) remove the requirement for the US Forest Service (USFS) (at their request) to provide permission to a hunter prior to their application for a certificate of registration to place a bait station on their lands. The USFS will no longer provide written permission for this activity; and 2) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment removes a requirement to bait on USFS property. DWR determines that these amendments do not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since this amendment removes a requirement at the request of the impacted agency (USFS), this filing does not create any direct cost or savings impact to any local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since this amendment removes an additional requirement for hunters wishing to place a bait station on forest service lands, the division feels this amendment will not generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since this amendment removes an additional requirement for hunters wishing to place a bait station on forest service lands, the division feels this amendment will not generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that these amendments do not create additional costs for sportsmen wishing to have a bait station on forest service lands in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 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: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40093.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 40056 (Amendment): R926-3. Class B and Class C Road Funds. SUMMARY OF THE RULE OR CHANGE: Rule R926-3 is being amended to incorporate by reference the revised "Regulations Governing Class B and Class C Road Funds" dated 09/11/2015. The present rule incorporates the 04/29/2011 version of the regulations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate cost or savings to the state budget are anticipated because the revised regulations being incorporated do not include any funding increases or decreases. - LOCAL GOVERNMENTS: No aggregate cost or savings to local government are anticipated because the revised regulations being incorporated do not include any funding increases or decreases. - SMALL BUSINESSES: No aggregate cost or savings to small business are anticipated because the revised regulations being incorporated do not include any fee increases or decreases. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No aggregate cost or savings to persons other than small businesses, businesses, or local government entities are anticipated because the revised regulations being incorporated do not include any fee increases or decreases. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate there will be any compliance costs for affected persons because the revised regulations involve changes in the designations of certain types of roads, and such changes will not result in costs to the public. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department issued revised "Regulations Governing Class B and Class C Road Funds" to conform with legislation passed by the legislature during the 2015 General Session. In the 2015 legislature, changes were made to the weighting portion of the B and C distribution formula. Weighted road miles remain a 5 for a paved road, 2 for a gravel road and changed to a 2 for a dirt road. The Department does not believe the changes to Rule R926-3 will lead to any 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 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40056.htm No. 40057 (Amendment): R926-13-4. Highways Within the State That Are Designated as State Scenic Byways. SUMMARY OF THE RULE OR CHANGE: The amendment removes the Scenic Byway designation from a 2.66 mile segment of US-40 running through Naples City, Utah; and a 1-mile segment and a separate 2-mile segment of US-40 running through unincorporated Uintah County, Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate cost or saving to the state budget is anticipated because the amendment does not directly affect state funds. - LOCAL GOVERNMENTS: No aggregate cost or saving to local government budgets are anticipated because the amendment does not directly affect local government funds. - SMALL BUSINESSES: No aggregate cost or saving to small business are anticipated because the amendment does not directly affect fees charged to business by local governments or other things directly related to revenues earned by local businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No aggregate cost or saving to persons other than small businesses, businesses, or local government entities are anticipated because the amendment does not directly affect fees charged to business by local governments or other things directly related to revenues earned by local businesses, or the budgets of the local governments involved. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendment does not involve any change in costs to any person, 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 amendment to Rule R926-13 is being made to conform to the will of local governments in Uintah County. The department does not anticipate that the amendment will have any direct fiscal impact on businesses in the area. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40057.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40104 (Amendment): R986-700. Child Care Assistance. SUMMARY OF THE RULE OR CHANGE: The federal Child Care Development Fund (CCDF) is adding several requirements for approved child care providers. This rule incorporates those changes. The Department is exempting families at or below 100% of poverty from the co-payment requirement. CCDF has set an asset limit which is included in these changes. The changes provide for situations where the non-applicant parent is paying a portion of the child care expense either voluntarily or by court order. The client must not use child care within the first 15 days of the month to receive a subsidy payment. Fingerprint cards are required every five years for all providers with no exceptions. Arrests or criminal charges must now be reported within 48 hours, not 10 days. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to federally-funded programs so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40104.htm 4. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive 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 March 2, 2016. From the end of the 30-day waiting period through May 31, 2016, 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. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. PUBLIC SERVICE COMMISSION ADMINISTRATION No. 39934 (Change in Proposed Rule): R746-409. Pipeline Safety. SUMMARY OF THE RULE OR CHANGE: The changes include the following: 1) in Subsection R746-409-2(M)(3), the definition of a state reportable incident is changed to clarify that property damage of $15,000 or more includes the loss to the operator and others, or both, but excludes the cost of gas that is lost; 2) in Subsection R746-409-2(M)(6), definition of a state reportable incident applicable to incidents receiving news media coverage is deleted; 3) in Subsection R746-409-4(B)(2), notification requirements applicable to state reportable incidents is changed to clarify that reporting is required at the earliest practicable moment when safely possible following discovery; and 4) in Subsection R746-409-4(E), special reports is changed to clarify that reports relating to safety-related issues shall be filed as described by the Commission or the Division. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the December 1, 2105, 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: The proposed rule change should not result in any costs to the Division of Public Utilities because the Division mainly enforces pipeline safety rules and the rule change reflects current requirements. - LOCAL GOVERNMENTS: This rule applies to natural gas public utilities operated by local governments. Since local governments are already expected to operate pursuant to the federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. Negligible savings may occur due to streamlining of reporting requirements. - SMALL BUSINESSES: This rule applies to operators of natural gas master meter systems and pipeline facilities. Since small businesses are already expected to operate pursuant to the federal regulation and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. Negligible savings may occur due to streamlining of reporting requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since persons are already expected to operate pursuant to the federal regulation and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. Negligible savings may occur due to streamlining of reporting requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a negligible compliance costs for affected persons because this rule change follows practices and requirements already in place at the federal and state level. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule change adopts and formalizes current operating practices and requirements therefore negligible costs or savings should result. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@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 THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/39934.htm 5. 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 help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Division of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40092 (5-year Review): R131-4. Capitol Preservation Board General Procurement Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for this rule still exists and therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov EFFECTIVE: 01/11/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40092.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40058 (5-year Review): R156-3a. Architect Licensing Act Rule. 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 as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 3a, with respect to architects. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40058.htm No. 40071 (5-year Review): R156-9a. Uniform Athlete Agents Act Rule. 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 as it provides a mechanism to inform potential registrants of the requirements for registration as allowed under statutory authority provided in Title 15, Chapter 9, with respect to athlete agents. The rule should also be continued as it provides information to ensure applicants for registration meet minimum requirements and provides registrants with information concerning unprofessional conduct, definitions and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40071.htm No. 40052 (5-year Review): R156-46b. Division Utah Administrative Procedures Act Rule. 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 the provisions of Title 63G, Chapter 4, as it applies to the Division's adjudicative proceedings. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov EFFECTIVE: 01/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40052.htm No. 40055 (5-year Review): R156-60d. Substance Use Disorder Counselor Act Rule. 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 as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60, Part 5, with respect to various classifications of substance use disorder counselor. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov EFFECTIVE: 01/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40055.htm EDUCATION ADMINISTRATION No. 40099 (5-year Review): R277-510. Educator Licensing - Highly Qualified Assignment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-510 continues to be necessary because it provides definitions and requirements for an educator assignment to meet federal requirements for highly qualified status. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40099.htm REHABILITATION No. 40101 (5-year Review): R280-204. Utah State Office of Rehabilitation Employee Background Check Requirement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R280-204 continues to be necessary because it provides procedures and notice requirements for criminal background checks of designated and prospective USOR employees and volunteers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40101.htm FINANCIAL INSTITUTIONS ADMINISTRATION No. 40139 (5-year Review): 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. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to protect the safety and soundness of state- chartered depository institutions by prescribing requirements and restrictions for the prudent management of real estate held for purposes other than conducting the depository institution's business. The rule sets forth uniform regulatory standards for the safe and sound management of other real estate by depositories under the jurisdiction of the Department of Financial Institutions. Therefore, this rule 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: 01/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40139.htm HERITAGE AND ARTS INDIAN AFFAIRS No. 40137 (5-year Review): R456-1. Native American Grave Protection and Repatriation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division of Indian Affairs has determined that the rule is still required in order to facilitate the appropriate disposition of human remains, and to allow for minimal scientific study when necessary for discoveries found on state lands. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Somers by phone at 801-245-7204, or by Internet E-mail at bsomers@utah.gov - Shirlee Silversmith by phone at 801-245-7209, by FAX at 801-521-4727, or by Internet E-mail at ssilversmith@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40137.htm HUMAN SERVICES ADMINISTRATION No. 40050 (5-year Review): R495-862. Communicable Disease Control Act. 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 of Human Services will follow established public health guidelines and procedures to protect all staff, clients, and the community. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 01/04/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40050.htm RECOVERY SERVICES No. 40053 (5-year Review): R527-200. Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statutes under which this rule was enacted are still in effect. This rule is necessary to provide the procedures for informal adjudicative proceedings conducted by ORS, which includes sections on who presides over the hearing, service of notices of agency action, hearings, telephonic hearings, how to conduct the hearings, and agency review. This rule also provides information about reconsideration while also limiting reconsideration to only one request during an informal adjudicative proceeding. There is also additional information about setting aside and amending administrative orders, both establishment and paternity orders. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Andrew Clement by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@utah.gov EFFECTIVE: 01/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40053.htm No. 40054 (5-year Review): R527-250. Emancipation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statutes under which this rule was enacted are still in effect and the rule is necessary to provide ORS employees guidance on making a determination of a child's date of emancipation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Andrew Clement by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@utah.gov EFFECTIVE: 01/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40054.htm NATURAL RESOURCES PARKS AND RECREATION No. 40059 (5-year Review): R651-201. Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R651-201 is important for clarifying terms that are used throughout the boating rules. Without these definitions, many of the rules would be difficult to enforce. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40059.htm No. 40060 (5-year Review): R651-202. Boating Advisory Council. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The nine-member Boating Advisory Council is an important part of the Division of State Parks and Recreation's Boating Program. They represent Utah's boaters and give valuable input on boating-related issues. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40060.htm No. 40061 (5-year Review): R651-203. Waterway Marking System. 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 creates a uniform waterway marking system that is standard with US Coast Guard approved waterway markers. This assures that Utah is consistent with its neighboring states with which it shares three major waterways: Bear Lake, Flaming Gorge, and Lake Powell. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40061.htm No. 40062 (5-year Review): R651-204. Regulating Waterway Markers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Waterway marker placement and security are important to the safe navigation of vessels. Waterway markers placed by non-approved agencies or private entities could cause confusion and accidents on our waterways. Placement of unmarked hazards by agencies or the public can cause accidents for unsuspecting boaters. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40062.htm No. 40063 (5-year Review): R651-205. Zoned Waters. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Due to many issues, such as size of waterbody, restricted visibility, hazardous waters, and congested waterways, some areas have been zoned to protect public health and safety. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40063.htm No. 40064 (5-year Review): R651-206. Carrying Passengers for Hire. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are several outfitting companies and many boat captains and guides licensed in the State of Utah. Customers of water-based outfitting companies deserve the assurance that the vessels they have hired are seaworthy and that operators who they have trusted their lives with have the experience and knowledge necessary to provide a safe and enjoyable experience. The rule is in place to ensure the safe and enjoyable experience for citizens who use these companies to access the water. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40064.htm No. 40066 (5-year Review): R651-207. Registration Fee. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires a boat registration fee to be collected to help fund boating-related education, law enforcement, and facilities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40066.htm No. 40067 (5-year Review): R651-208. Backing Plates. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Federal and state statute require a boat to display registration decals and numbers on the hull of the vessel. There are many vessels made of material that does not readily adhere to the registration decal. This rule allows owners of such vessels to mount the decals on a backing plate, which is to be mounted on the vessel. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40067.htm No. 40084 (5-year Review): R651-209. Anchored and Beached Vessels. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division of Utah State Parks and Recreation and the Division of Forestry, Fire and State Lands have identified issues relating to vessels that have been left anchored or beached or abandoned on Utah waters. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40084.htm No. 40068 (5-year Review): R651-210. Change of Address. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Boat owners who have had a change of address may not receive a revised boat registration card before going boating again. By allowing the owner to note his new address on the registration card, they can be compliant until they receive an updated registration card. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40068.htm No. 40069 (5-year Review): R651-211. Assigned Numbers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: For administrative and law enforcement purposes, it is beneficial to have certain types of vessels easily identified by the suffix of the bow number. The numbering system and display of these numbers is required by Federal Code 33 CFR 173 and State Statute Subsection 73-18-6(2) which states: "The number assigned to a motorboat or sailboat in accordance with this chapter, applicable federal law, or a federally-approved numbering system of another state shall be displayed on each side of the bow of the motorboat or sailboat, except this requirement does not apply to any vessel which has a valid marine document issued by the United States Coast Guard..." Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40069.htm No. 40070 (5-year Review): R651-212. Display of Yearly Registration Decals and Month of Expiration Decals. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires a boat to display registration decals on the hull of the vessel. This rule is necessary to detail how those decals shall be displayed consistently on each vessel's hull. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40070.htm No. 40072 (5-year Review): R651-213. Dealer Numbers and Registrations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires motorboats and sailboats to be registered while on the waters on the state. This rule provides that boat dealers can obtain dealer registrations for temporary use on vessels in their inventory and they must be testing the vessel or demonstrating the vessel to a prospective buyer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40072.htm No. 40073 (5-year Review): R651-214. Temporary Registration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires motorboats and sailboats to be registered while on the waters on the state. This rule provides that new boat owners can legally operate their boats with a temporary registration issued by the dealer from the time they purchase a vessel until they receive the permanent registration documents from the Division of Motor Vehicle. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40073.htm No. 40074 (5-year Review): R651-215. Personal Flotation Devices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Our personal flotation device rules are designed to provide safety to individuals participating in boating activities where there is an increased risk of falling overboard or being injured. In many years of collecting boating accident data, the US Coast Guard finds that personal flotation device (PFD) wear has saved a large number of lives and if more persons were required to wear PFDs even more lives would be saved. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40074.htm No. 40075 (5-year Review): R651-216. Navigation Lights - Note: Figures 1 through 7 mentioned below are on file with the Utah Division of Parks and Recreation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires vessels to display navigational lights while on the waters on the state after sunset. This rule is needed to detail the approved lights for each type of vessel. The lights are the standard US Coast Guard approved lights for all boats nationwide. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40075.htm No. 40076 (5-year Review): R651-217. Fire Extinguishers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires vessels to have fire extinguishing equipment on board while on the waters of the state. This rule is needed to detail the approved fire extinguishers for each type of vessel. The fire extinguisher requirements are consistent with US Coast Guard approved fire extinguishers for boats nationwide. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40076.htm No. 40077 (5-year Review): R651-218. Carburetor Backfire Flame Control. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires certain motorboats to be equipped with a backfire flame control device while on the waters of the state. This rule is needed to detail the approved methods of backfire flame control. These requirements are consistent with US Coast Guard approved backfire flame control devices for boats nationwide. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40077.htm No. 40078 (5-year Review): R651-219. Additional Safety Equipment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Types and sizes of vessels vary greatly, and new styles of vessels are coming onto our waters each year. There is a necessity to be flexible with types of vessels that do not fit into standard categories. This rule provides for additional safety equipment needed and some exceptions to required equipment for non-standard vessels. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40078.htm No. 40079 (5-year Review): R651-220. Registration and Numbering Exemptions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are certain types of vessels that are impractical to require to register. This rule is necessary to exempt those unique vessels determined by the board not to be required to register. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40079.htm No. 40080 (5-year Review): R651-221. Boat Liveries - Boat Rental Companies. 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 sets criteria for liveries to provide proper documentation, safety equipment, and registration. Registration and fees paid help the division fund efforts to provide livery companies with boating safety educational materials for distribution to their customers. Traditionally, rental boats are involved in a disproportionately high percentage of boat accidents. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40080.htm No. 40081 (5-year Review): R651-222. Muffling Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Many motorboats have as much or more horsepower than the average car. If these motors were not muffled properly, our waterways would become noisy and undesirable for many outdoor recreationists. Also, wildlife and sensitive habitat areas would be adversely affected by excessively loud boats. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40081.htm No. 40082 (5-year Review): R651-224. Towed Devices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Water skiing causes many injuries each year in Utah. Our water ski rules are consistent with our neighboring states and are designed to minimize accidents and injuries. The purpose of the flag is to warn other boaters that someone (low visibility) is in the water near the boat. If the flag is allowed to be displayed while the skier is up (high visibility), then the warning effect of the flag is removed. Some of our neighboring states even call the flag the "Skier Down Flag" in law. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40082.htm No. 40083 (5-year Review): R651-226. Regattas and Races. 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 for the division to be aware of any marine events taking place to ensure the safety of the resources, participants, and spectators. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40083.htm No. 40087 (5-year Review): R651-401. Off-Highway Vehicle and Registration Stickers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division has a legal requirement for registration stickers to be displayed on any and each registered OHV within Utah. The Division seeks public input and values the ability of public participation involved with the OHV Program, and this rule allows us “to promote uniformity of laws,” according to Section 41-22-1. Without this rule, it would not direct or promote consistent placement of an OHV registration sticker. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40087.htm No. 40088 (5-year Review): R651-405. Off-Highway Implement of Husbandry Sticker Fee. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division has a legal requirement for an OHV implement of husbandry registration fee and a sticker to be displayed on any and each husbandry registered OHV within Utah. This sticker shall be mounted on the left side of the OHV in a visible location to meet said requirements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40088.htm No. 40089 (5-year Review): R651-406. Off-Highway Vehicle Registration Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division has a legal requirement to establish a registration fee for any and each registered OHV within Utah. This registration fee allows the Division to pursue and adopt a safety and education program; promote safety and protection for people, the environment with the use and operation, and equipment associated with OHV; and develop trails and other facilities for the use of OHVs as identified under Section 41-22-1, which is the policy declaration. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40089.htm No. 40065 (5-year Review): R651-611. Fee Schedule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It’s imperative that this administrative rule be approved because the Division of Parks and Recreation relies on the revenue generated through the fee schedule to operate parks, maintain facilities, offer recreational experiences, and administer the boating and off highway vehicle programs. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40065.htm No. 40085 (5-year Review): R651-801. Swimming Prohibited. 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 for public safety that individuals do not swim in areas that are hazardous or frequented by boating traffic. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40085.htm No. 40086 (5-year Review): R651-802. Scuba Diving. 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 for public safety that scuba divers be certified and highly visible and that boaters are directed away from scuba diving activities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 01/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40086.htm FORESTRY, FIRE AND STATE LANDS No. 40138 (5-year Review): R652-2. Sovereign Land Management Objectives. 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 defines management objectives for sovereign lands and declares and recognizes the Utah state lands that are considered sovereign land. Further, the rule outlines regulation and management of the sovereign lands for any proposed use. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40138.htm No. 40134 (5-year Review): R652-8. Adjudicative Proceedings. 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 outlines agency adjudication. Agency adjudications include actions related to leases, permits, easements, sales contracts, and other agreements and contracts under the authority of the agency. The rule gives initial designation of all adjudicative proceedings as informal, and defines procedure for informal adjudicative proceedings. This rule also defines hearings and hearings requests, along with presiding officers or designees as they relate to adjudicative proceedings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40134.htm No. 40133 (5-year Review): R652-9. Consistency Review. 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 procedure through which any party aggrieved by division action directly determining the rights, obligations, or legal interests of specific persons may petition the executive director of the Department of Natural Resources to review the action for consistency with statues, rules, and division policy. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40133.htm No. 40136 (5-year Review): R652-41. Rights of Entry. 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 sets forth the requirements for a right of entry permit, application procedures, fees associated with the permit, term of the agreement, and specific document requirements. This rule is necessary for the division to issue right of entry permits. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40136.htm No. 40135 (5-year Review): R652-80. Land Exchanges. 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 outlines the criteria for exchange of sovereign lands or other assets, along with application requirements. Further, this rule addresses competitive land exchange proposal rights, rights to improvements and mineral estates and leases. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40135.htm No. 40132 (5-year Review): R652-123. Exemptions to Wildland Fire Suppression Fund. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Participating counties are assessed a fee to be part of the Wildland Suppression Fund based on the number of acres of unincorporated land within the county and the taxable value of real property on those lands. Not all unincorporated lands within a county are susceptible to wildland fire. Under this rule un-susceptible areas can be exempted from being assessed a fee. This rule outlines procedures a county must follow in order to exempt an area from the Wildland Suppression Fund. Further, this rule defines the conditions an area must meet in order to qualify for an exemption. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40132.htm 6. NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Division of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). PUBLIC SAFETY DRIVER LICENSE No. 40095 (Five-Year Extension): R708-16. Pedestrian Vehicle Rule. EXTENSION REASON: The Driver License Division reviewed Rule R708-16 and there is a possibility that the rule can be repealed. The Driver License administration believes it is no longer needed. They would like a bit more time to verify their findings and therefore, request an extension. New deadline: 05/30/2016. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/11/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160201/40095.htm 7. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative 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 make a rule effective 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 case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the 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. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 39943 (NEW): R25-15.Change Date and Set Aside Provisions for Annual Leave II Published: 12/01/2015 Effective: 01/13/2016 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 39923 (AMD): R156-37f.Controlled Substance Database Act Rule Published: 12/01/2015 Effective: 01/07/2016 No. 39924 (AMD): R156-60b-102.Definitions Published: 12/01/2015 Effective: 01/07/2016 No. 39911 (AMD): R156-60c.Clinical Mental Health Counselor Licensing Act Rule Published: 12/01/2015 Effective: 01/07/2016 No. 39912 (AMD): R156-78-102.Definitions Published: 12/01/2015 Effective: 01/07/2016 EDUCATION ADMINISTRATION No. 39837 (NEW): R277-207.Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions Published: 11/01/2015 Effective: 01/11/2016 No. 39936 (AMD): R277-705.Secondary School Completion and Diplomas Published: 12/01/2015 Effective: 01/07/2016 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 39914 (NEW): R414-512.Use of Extrapolation in Provider Audits Published: 12/01/2015 Effective: 01/11/2016 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 39913 (R&R): R501-14.Background Screening Published: 12/01/2015 Effective: 01/13/2016 CHILD AND FAMILY SERVICES No. 39938 (AMD): R512-31.Foster Parent Due Process Published: 12/01/2015 Effective: 01/07/2016 No. 39905 (AMD): R512-100.In-Home Services Published: 11/15/2015 Effective: 01/07/2016 No. 39939 (AMD): R512-301.Out-of-Home Services, Responsibilities Pertaining to a Parent or Guardian Published: 12/01/2015 Effective: 01/07/2016 No. 39940 (AMD): R512-310.Reasonable and Prudent Parent Standard Published: 12/01/2015 Effective: 01/07/2016 INSURANCE ADMINISTRATION No. 39945 (AMD): R590-154.Unfair Marketing Practices Rule; Misleading Names Published: 12/01/2015 Effective: 01/15/2016 PUBLIC SAFETY HIGHWAY PATROL No. 39850 (AMD): R714-500.Chemical Analysis Standards and Training Published: 11/15/2015 Effective: 01/21/2016 TRANSPORTATION OPERATIONS, TRAFFIC AND SAFETY No. 39941 (AMD): R920-4.Special Road Use or Event Published: 12/01/2015 Effective: 01/07/2016 8. RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <> ----------------------------