---------------------------- Utah State Digest, Vol. 2017, No. 11 (June 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 2, 2017, 12:00 AM through May 15, 2017, 11:59 PM Volume 2017, No. 11 June 1, 2017 Prepared by Office 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 Office 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 https://rules.utah.gov/publications/utah- state-bull/. 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: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Extended Public Comment for the Proposed New Rule R634-3, Compensatory Mitigation Program, Filing No. 41410 - Kaelyn Anfinsen by phone at 801-538-7201, by FAX at 801-538-7315, or by Internet E-mail at kaelynanfinsen@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/sn158887.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-Second Legislature Into the First Extraordinary Session, Utah Proclamation No. 2017-1E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc158865.htm 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 May 2, 2017, 12:00 a.m., and May 15, 2017, 11:59 p.m. are summarized in this, the June 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 1, 2017, issue of the Utah State Bulletin until at least July 3, 2017 (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 September 29, 2017, the agency may notify the Office 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 Office 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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 41578 (Amendment): R23-3. Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting for State Owned Facilities. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the rewriting of Subsection R33-3-4(1), which explains the requirement for Building Board approval before an agency may begin programming for a new facility which requires legislative approval; the addition of Subsection R33- 3-4(3), which allows the Board to approve funding for the programming of a new facility prior to legislative appropriation; the rewriting of Subsection R33-3-10(5), which establishes the deadline for initial capital development requests; the addition of Subsection R33-3-10(6), which encourages agencies to submit modifications to initial requests no later than 14 days prior to the October Board meeting; the removal of Subsection R23-3-11(4); the addition of language to Subsection R23-3-11(5), which requires reporting of the amount an agency received and expended on operations and maintenance for the prior fiscal year; and the provision permitting the Board Director to adjust direct and indirect costs based on inflation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are regarding policy such as modifying procedure and establishing deadlines. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are regarding policy such as modifying procedure and establishing deadlines. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are regarding policy such as modifying procedure and establishing deadlines. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are regarding policy such as modifying procedure and establishing deadlines. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons as a result of the changes to this rule. The changes are regarding policy such as modifying procedure and establishing deadlines. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes applied to Rule R23-3. I also believe that there are no potential fiscal impacts on businesses affected by the changes to the rule. I believe the wording incorporated in the changes reflects the intent the Board. I have no other comments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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 - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41578.htm FLEET OPERATIONS No. 41609 (Amendment): R27-7. Safety and Loss Prevention of State Vehicles. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include replacing the acronym "DFO" with "division", replacing the requirement for an Accident Review Committee with the requirement of a Driver Safety Committee for each agency that uses state vehicles, adding using a handheld wireless device to the list of offenses which may result in revocation or suspension of driving privileges, and adding Subsection R27-7-5(5) which provides guidance on the determination of major threshold violations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes, and I believe that there is no potential for fiscal impacts on businesses as a result of the changes to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41609.htm COMMERCE REAL ESTATE No. 41618 (Amendment): R162-2c. Utah Residential Mortgage Practices and Licensing Rules. SUMMARY OF THE RULE OR CHANGE: This rule amendment in Section R162-2c-201 will: 1) eliminate the requirement that a mortgage loan originator pass a test with Utah-specific questions and instead will provide that passing a national test with uniform state content is sufficient for application for licensure; 2) clarify the timing and reorder the procedures for applying for a lending manager license; 3) clarify the experience required for an applicant for licensure as a lending manager and notify an applicant that failure to adequately document experience will result in the denial of an application for licensure; 4) allow a lending manager applicant who passes one test portion of the exam but fails the other 90 days to pass failed portion; and 5) establish that a lending manager applicant has 90 days from achieving a passing score on both portions of the licensing exam and 12 months from completion of pre-licensing education to submit an application for licensure. The amendments in Section R162-2c-204 require all mortgage loan originators newly licensed in Utah to complete a division-approved continuing education course prior to renewing their license at the end of the first full calendar year of licensure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Real Estate has the staff and budget in place to administer this proposed amendment. It is not expected that the proposed amendment will affect those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Utah Residential Mortgage Practices and Licensing rules. No fiscal impact to local government is expected from the proposed amendment. - SMALL BUSINESSES: The proposed amendment does not create new obligations for small businesses nor does it increase the cost associated with any existing obligation. No fiscal impact to small business is expected from the proposed amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. No fiscal impact to persons other than small businesses, businesses, or local government entities is expected from the proposed amendment. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment recognizes the Uniform State Test approved by statutory amendment in 2017 and makes changes in the administrative rules in order to be consistent with the statutory amendment. To offset the Utah-specific test questions required under the prior testing system, the Mortgage Commission has provided for a new continuing education course requirement for mortgage loan originators newly licensed in Utah. The newly licensed mortgage loan originators will pay a fee for this course. Private education providers will teach the course and charge a fee to attendees. The mortgage industry overwhelmingly supported the adoption of the Uniform Standard Test despite the time and costs associated with the proposed continuing education course. Because the proposed continuing education course will be taught by private education providers and because the course requirements have not yet been determined, the division is unable to provide a specific estimate of the cost of the course to affected persons but the cost is likely to be in the range of $50 to $100. Compliance with other provisions of the proposed amendment are not anticipated to result in a financial impact or cost to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment to Section R162-2c-201 of the rule eliminates the requirement that a mortgage loan originator pass a test with Utah-specific questions for licensure, and substitutes in its place a requirement for passing the nationally recognized Uniform Standard Test. The propose amendment to Section R162-2c-201 also: 1) clarifies the timing and re-orders the procedures for applying for a lending manager license; 2) clarifies the experience required for an applicant for licensure as a lending manager and notifies the applicant that failure to adequately document their experience will result in the denial of an application for licensure; 3) allows a lending manager applicant 90 days to pass a failed portion of the test, if the applicant passes one portion of the exam but fails the other portion; and 4) provides time limitations for submitting an application for licensure after completion of pre-licensing education and testing. No fiscal impact to small business will result from these rule changes. To offset the elimination of the Utah-specific questions for licensure, the proposed amendment to Section R162-2c-204 of the rule requires all mortgage loan originators newly licensed in Utah to complete a division- approved continuing education course prior to renewing their license at the end of the first full calendar year of licensure. The specific course requirements have not been determined. However, it has been determined that the course will consist of five credit hours of continuing education, in addition to the current number of required credit hours. It is anticipated that the cost of this five hour course will be between $50 and $100 for each newly licensed mortgage loan originator INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41618.htm EDUCATION ADMINISTRATION No. 41646 (New Rule): R277-122. Board of Education Procurement. SUMMARY OF THE RULE OR CHANGE: This new Rule R277-122 provides for the Board to adopt and incorporate by reference certain provisions of Title R33, Purchasing and General Services; provides for a Board employee to be the manager of procurement; designates the manager of procurement as the head of the procurement unit for the Board; and provides exceptions to Title R33. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be some increased costs incurred by the Board as a result of becoming its own procurement unit. Any costs and responsibilities associated with implementation of this rule will be absorbed within existing budgets and with existing staff. - LOCAL GOVERNMENTS: This new rule affects the state. There is likely no anticipated cost or savings to local government resulting from implementation of this rule. - SMALL BUSINESSES: This new rule affects the state. There is likely no anticipated cost or savings to small businesses resulting from implementation of this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule affects the state. There is likely no anticipated cost or savings to persons other than small businesses, businesses, or local government entities resulting from implementation of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new rule affects the state. There is likely no compliance costs for affected persons resulting from implementation of this rule. 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 this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41646.htm No. 41647 (Amendment): R277-474-3. General Provisions. SUMMARY OF THE RULE OR CHANGE: The amendments to Section R277-474-3 removes language in the rule that prohibits advocacy of homosexuality in health education and adds language in the rule that prohibits instruction that advocates premarital or extramarital sexual activity consistent with S.B. 196 (2017). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be some increased costs incurred by the Board as a result of changes to the General Core in health instruction. Any costs and responsibilities associated with implementation of this rule and changes to the General Core will be absorbed within existing budgets and with existing staff. - LOCAL GOVERNMENTS: There may be some increased costs incurred by school districts and charter schools as a result of changes to the General Core in health instruction. Any costs and responsibilities associated with implementation of this rule and changes to the General Core will be absorbed within existing budgets and with existing staff. - SMALL BUSINESSES: Changes to this rule affect the Utah Board of Education (Board) as it will need to amend the General Core to be consistent with state law. There are likely no costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to this rule affect the Board as it will need to amend the General Core to be consistent with state law. There are likely no costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Changes to this rule affect the Board as it will need to amend the General Core to be consistent with state law. There are likely no 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 this new language. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41647.htm No. 41648 (Amendment): R277-487. Public School Data Confidentiality and Disclosure. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule provide standards and procedures for Utah Board of Education (Board) and local education agency (LEA) employees to ensure student data privacy consistent with the Utah Student Privacy Act. The amendments include provisions for required training; identification of local school board or charter school governing board employees who are authorized to access education records; and prohibits local school board, charter school governing board, and public school employees from sharing an education record with an employee who is not authorized. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule require the Board to develop student data privacy policies and training to ensure student data privacy statewide. The Board received an appropriation during the 2017 General Session to cover the costs of the new program. - LOCAL GOVERNMENTS: The amendments to this rule require LEAs to develop student data privacy policies and training to ensure student data privacy. Training and other compliance at the local level will likely be performed by existing employees and within existing budgets. - SMALL BUSINESSES: The amendments to this rule require training to ensure student data privacy and apply to the public education system, so there will likely be no result cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule require training to ensure student data privacy, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Training will be performed at the state and local level which will likely be performed by existing employees and within existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule require training to ensure student data privacy, which likely will not result in any compliance costs for affected persons. Training will be performed at the state and local level which will likely be performed by existing employees and within existing budgets. 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 this new language. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41648.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41626 (Amendment): R307-122. General Requirements: Heavy Duty Vehicle Tax Credit. SUMMARY OF THE RULE OR CHANGE: Rule R307-122 has been amended to include references that are consistent with the most recent changes in Section 59-10- 1033. This includes adding "100% electric drivetrain" and "hydrogen-electric drivetrain" wherever the rule previously mentioned "OEM natural gas vehicle." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment does not impact the state budget because the Utah Code already includes the new definition of a "qualified heavy duty vehicle." Rule R307-122 only provides procedures that help implement the program that is already required by Section 59-10-1033. Also, the fiscal note attached to S.B. 24, which prompted this rule amendment, states a cost of $0. The cost of adding new types of vehicles to the "qualified vehicle" list is zero because there is a dollar limit on the total money spent on tax credits that was not impacted by S.B. 24. Once the money has been spent, there are no longer any tax credits awarded during that year, regardless of which type of vehicles apply for the credit. - LOCAL GOVERNMENTS: The proposed amendment does not impact money spent by local governments because the Utah Code already includes the new definition of a "qualified heavy duty vehicle." Rule R307-122 only provides procedures that help implement the program that is already required by Section 59-10- 1033. Also, the fiscal note attached to S.B. 24, which prompted this rule amendment, states a cost of $0. The cost of adding new types of vehicles to the "qualified vehicle" list is zero because there is a dollar limit on the total money spent on tax credits that was not impacted by S.B. 24. Once the money has been spent, there are no longer any tax credits awarded during that year, regardless of which type of vehicles apply for the credit. - SMALL BUSINESSES: This rule amendment will not cost small businesses any money because the rule is merely a set of procedures that must be followed to qualify for a tax credit for owning a "qualified heavy duty vehicle." However, the rule could help small businesses save money if they take advantage of the tax credit. The tax credit is worth up to $25,000 (Subsection 59-10-1033(2)(a)). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment will not cost "other persons" any money because the rule is merely a set of procedures on obtaining a tax credit for owning a "qualified heavy duty vehicle." However, the rule could help people who are not small businesses, businesses, or local government entities save money if they take advantage of the tax credit. The tax credit may be as high as $25,000 (Subsection 59-10-1033(2)(a)). COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are anticipated for affected persons because the rule will still be implemented in the same way as before, which did not include any compliance costs. The only change is that there are now more people who are eligible to receive the tax credit. People only have to comply with this rule if they want to receive the tax credit. If a person does comply with the rule and receives a tax credit, then they will end up saving money. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment will not cost businesses any money because the rule is merely a set of procedures that must be followed to qualify for a tax credit for owning a "qualified heavy duty vehicle." However, the rule could help businesses save money if they take advantage of the tax credit. The tax credit is worth up to $25,000 (Subsection 59-10-1033(2)(a)). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mat Carlile by phone at 801-536-4116, by FAX at 801-536-4136, or by Internet E-mail at mcarlile@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41626.htm No. 41627 (New Rule): R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters. SUMMARY OF THE RULE OR CHANGE: Rule R307-230 incorporates the NOx emission limits for natural gas-fired water heaters found in the Building Code into the Utah Air Quality rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not impact the state budget because the emission standards for natural gas-fired water heaters are already required by the Utah Building Code (Section 15A-6-102). - LOCAL GOVERNMENTS: This rule does not impact local government budgets because the emission standards for natural gas-fired water heaters are already required by the Utah Building Code (Section 15A-6-102). - SMALL BUSINESSES: This rule does not have a fiscal impact on small businesses because the emission standards for natural gas-fired water heaters are already required by the Utah Building Code (Section 15A-6-102). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does not impact persons other than small businesses, businesses, or local government entities because the emission standards for natural gas-fired water heaters are already required by the Utah Building Code (Section 15A-6-102). COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost because the Utah Building Code already requires the emission limits that are being incorporated by this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule does not have a fiscal impact on businesses because the emission standards for natural gas-fired water heaters are already required by the Utah Building Code (Section 15A-6-102). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41627.htm No. 41628 (Amendment): R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust. SUMMARY OF THE RULE OR CHANGE: The rule is being changed to add an affirmative requirement that sources keep compliance records for a period of two years. Other changes to the rule include: 1) language that was added to Section R307-309-3 to emphasize that the rule applies to fugitive dust sources one-quarter acre or greater; 2) a clarification on the method for observing fugitive emissions that allows people to observe emissions at varying lengths of duration, not just six minutes; and 3) an explicit statement that fugitive dust plans are still required for the activities mentioned in Sections R307-309-7 through R307-309-11. These numbered changes mainly add clarity to the rule, and they do not change the way that the Division of Air Quality has previously interpreted those sections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because the only new requirement for third parties (including the state) is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the only new requirement for third parties (including local governments) is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the only new requirement for third parties is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to people other than small business, businesses, or local governments because the only new requirement for third parties is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons as a result of this rule change because the sources already were required to keep records for compliance for at least two years. Now the sources are able to dispose of the records after two years. This does not add any compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated cost or savings to businesses because the only new requirement for third parties is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41628.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 41650 (Amendment): R315-15. Standards for the Management of Used Oil. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-15-1 reflect those corresponding revisions made by the final HWGIR to 40 CFR 279, as promulgated on 11/28/2016 (81 FR 85732), by replacing "conditionally exempt" with "very" and amending the citation to Section R315-262-14. Proposed changes to Section R315-15-10 clarify the text regarding sudden accidental and non-sudden accidental releases and correct certain citations. Proposed changes to Section R315-15-12 correct subsection numbering. The proposed change to Section R315-15-13 adds to the list of NAICS codes, 485111 Mixed Mode Transit Systems, to allow qualifying transit systems to transport their own used oil to a permitted used oil recycler. The proposed changes to Section R315-15-17 remove the word "liability" to be more correct. Specifically, incorporating into Rule R315-15 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost-effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt," which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. The proposed change to allow qualifying mixed mode transit systems to transport their own used oil to a permitted used oil recycler will result in saving the cost of outsourcing such transportation. There may be a cost saving to the state budget to the extent that state funds are used to support such transportation expenses. Any cost savings will vary depending on the volume of used oil transported. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. The proposed change to allow qualifying mixed mode transit systems to transport their own used oil to a permitted used oil recycler will result in saving the cost of outsourcing such transportation. There may be a cost saving to local government to the extent that local government funds are used to support such transportation expenses. Any cost savings will vary depending on the volume of used oil transported. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. The proposed change to allow qualifying mixed mode transit systems to transport their own used oil to a permitted used oil recycler will result in saving the cost of outsourcing such transportation. However, this change will likely not have a financial impact on small businesses since they typically do not operate mixed mode transit systems. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. The proposed change to allow qualifying mixed mode transit systems to transport their own used oil to a permitted used oil recycler will result in saving the cost of outsourcing such transportation. Any cost savings will vary depending on the volume of used oil transported and market conditions for used oil and related petroleum products. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. The proposed change to allow qualifying mixed mode transit systems to transport their own used oil to a permitted used oil recycler will result in saving the cost of outsourcing such transportation. Any cost savings will vary depending on the volume of used oil transported and market conditions for used oil and related petroleum products. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. The proposed change to allow qualifying mixed mode transit systems to transport their own used oil to a permitted used oil recycler will result in saving the cost of outsourcing such transportation. Any cost savings will vary depending on the volume of used oil transported and market conditions for used oil and related petroleum products. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41650.htm No. 41651 (Amendment): R315-260. Hazardous Waste Management System. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-260 reflect those corresponding revisions made by the final HWGIR to 40 CFR 260, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-260 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41651.htm No. 41652 (Amendment): R315-261. General Requirements – Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-261 reflect those corresponding revisions made by the final HWGIR to 40 CFR 261, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-261 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000 annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000 annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41652.htm No. 41653 (Amendment): R315-262. Hazardous Waste Generator Requirements. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-262 reflect those corresponding revisions made by the final HWGIR to 40 CFR 262, as promulgated on 11/28/2016 (81 FR 85732). Proposed changes to Section R315-262-217 replaces the existing incorporation by reference of the appendix to 40 CFR 262 with the actual text regarding the Uniform Hazardous Waste Manifest and related instructions. While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-262 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000 annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000 annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41653.htm No. 41654 (Amendment): R315-263-12. Transfer Facility Requirements. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-263 reflect those corresponding revisions made by the final HWGIR to 40 CFR 263, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-263 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41654.htm No. 41655 (Amendment): R315-264. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-264 reflect those corresponding revisions made by the final HWGIR to 40 CFR 264, as promulgated on 11/28/2016 (81 FR 85732) as well as minor corrections to Section R315-264- 151. While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-264 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost-effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41655.htm No. 41656 (Amendment): R315-265-1. Incorporation. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-265-1 reflect those corresponding revisions made by the final HWGIR to 40 CFR 265, as promulgated on 11/28/2016 (81 FR 85732). The proposed change revises the incorporation by reference to include the Federal Register of 11/28/2016. While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-265-1 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost-effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41656.htm No. 41657 (Amendment): R315-266-80. Spent Lead-Acid Batteries Being Reclaimed -- Applicability and Requirements. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-266-80 reflect those corresponding revisions made by the final HWGIR to 40 CFR 266.80, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-266-80 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost-effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41657.htm No. 41658 (Amendment): R315-268. Land Disposal Restrictions. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-268 reflect those corresponding revisions made by the final HWGIR to 40 CFR 268, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-268 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41658.htm No. 41659 (Amendment): R315-270-1. Hazardous Waste Permit Program -- Purpose and Scope of These Regulations. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-270-1 reflect those corresponding revisions made by the final HWGIR to 40 CFR 270.1, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-270-1 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41659.htm No. 41660 (Amendment): R315-273. Standards for Universal Waste Management. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rule R315-273 reflect those corresponding revisions made by the final HWGIR to 40 CFR 273, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Rule R315-273 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41660.htm No. 41661 (Amendment): R315-301-2. Definitions. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-301-2 reflect those corresponding revisions made by the final HWGIR to 40 CFR 258, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-301-2 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41661.htm No. 41662 (Amendment): R315-304-3. Definitions. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-304-3 reflect those corresponding revisions made by the final HWGIR to 40 CFR 257, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-304-3 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41662.htm No. 41663 (Amendment): R315-305-3. Definitions. SUMMARY OF THE RULE OR CHANGE: On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-305-3 reflect those corresponding revisions made by the final HWGIR to 40 CFR 257, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-305-3 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost- effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - LOCAL GOVERNMENTS: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - SMALL BUSINESSES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41663.htm FINANCIAL INSTITUTIONS ADMINISTRATION No. 41608 (Amendment): R331-10. Schedule for Retention or Destruction of Records of Financial Institutions Under the Jurisdiction of the Department of Financial Institutions. SUMMARY OF THE RULE OR CHANGE: The amendment to the rule provides that the information required in Subsection 7-23-201(8)(b) be retained for two years after termination. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No impact on the state budget as compliance to the rule affects the financial institutions themselves not the department. - LOCAL GOVERNMENTS: The rule does not affect local government. Therefore there are no cost or savings to local government. - SMALL BUSINESSES: Persons subject to the jurisdiction of the Department of Financial Institutions under Title 7, Chapter 23, are currently required to comply with this rule and modifications to the rule should have minimal budgetary impact. Persons employing fewer than 50 persons will have added costs of retaining the records. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons subject to the jurisdiction of the Department of Financial Institutions under Title 7, Chapter 23, are currently required to comply with this rule and modifications to the rule should have minimal budgetary impact. Persons will have added costs of retaining the records. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons subject to the jurisdiction of the Department of Financial Institutions under Title 7, Chapter 23, are currently required to comply with this rule and modifications to the rule should have minimal budgetary impact. Persons will have added costs of retaining the records. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Persons subject to the jurisdiction of the Department of Financial Institutions under Title 7, Chapter 23, are currently required to comply with this rule and modifications to the rule should have minimal budgetary impact. Persons will have added costs of retaining the records. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41608.htm GOVERNOR ECONOMIC DEVELOPMENT No. 41649 (New Rule): R357-20. Education Computing Partnerships. SUMMARY OF THE RULE OR CHANGE: Subsection 63N-12-214(4) requires the STEM Action Center, in consultation with the Utah State Board of Education, make rules for the administration of the grant program and awarding of grants; and define outcome-based measures appropriate to the type of grant awarded under this part of the Utah Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget because this rule is part of a program funded by the legislature as part of S.B. 190 from the 2017 General Session. - LOCAL GOVERNMENTS: This rule does not affect local governments directly in any cost or savings but does provide how a local education agency may apply for the grants this rule outlines the process for. - SMALL BUSINESSES: Small businesses will not be affected by this rule because they cannot apply for the grants this rule addresses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no other persons that would affected by this rule except for education providers that fit the statutory definition of those eligible for applying for grants. This rule outlines the criteria considered for receiving a grant and therefore, does not have a direct cost or savings to affected persons outside of their ability to qualify for a grant. There could be indirect costs incurred if a potential applicant needs to make internal changes to become eligible for the grant. However, no element of this rule is compulsory because the grant and applying for the grant is optional. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with this rule because the rule only outlines the criteria and process for grant eligibility. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no impacts on business for the is rule because businesses cannot receive this grant. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41649.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41617 (Amendment): R426-8. Emergency Medical Services Ground Ambulance Rates and Charges. SUMMARY OF THE RULE OR CHANGE: Fiscal Reporting Guides (FRGs) are financial and statistical data collected from all EMS agencies statewide. The data collected showed EMS Rates need to be increased at 5.50% so agencies statewide will have closer revenues matching expenses. Rule R426-8 needs to be amended to reflect these ground ambulance transport rate changes. Asset values were deleted since it is not used in current price setting methods. The profitability limit was revised to allow year-to-year deviations, and Medicaid transport numbers will be required to report in order to verify accurate assessment data. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will not be impacted as this is a user fee. - LOCAL GOVERNMENTS: Local government budgets will not be impacted significantly. The rates listed in the rule are increased 5.50%. The Emergency Medical Services (EMS) agency billings increase by 5.50% which will offset declining collections, wages increases, and the increased equipment costs. - SMALL BUSINESSES: EMS budgets will not be impacted. The ambulance transport rate increase is 5.50% from current ambulance rates to offset declining collections, wage increases, and the increased equipment costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other budgets will not be impacted. The ambulance transport rate increase is 5.50% from current ambulance rates to offset declining collections, wage increases, and the increased equipment costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: EMS ambulance providers are allowed to bill the rates listed in the proposed rule. Amendments to this rule will increase patient payments for medical transports. There are no costs to the agency for compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The increase in rates will fiscally impact EMS providers who may raise their rates and also impact payors of the increased rates, including insurers, employee benefit funds, and other business who pay or use the services. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41617.htm DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 41568 (Repeal): R438-12. Rule for Law Enforcement Blood Draws. SUMMARY OF THE RULE OR CHANGE: This rule established a procedure for individuals other than physicians, registered nurses, or practical nurses to receive a permit for blood draws by meeting established criteria. This rule has been incorporated into Rules R426-5 and R426-12 and is no longer needed. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal. - LOCAL GOVERNMENTS: None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal. - SMALL BUSINESSES: None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule has been incorporated into Rule R426-5. There will be no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is being repealed because the authorization and requirements set out in this rule have been adopted through Emergency Management Rule R426-5. There is no impact to business because Rule R426-5 has adopted the requirements set out in this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41568.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 41607 (Amendment): R523-5. Adult Peer Support Specialist Training and Certification. SUMMARY OF THE RULE OR CHANGE: All references to just "Adult" Peer Support Specialists are changed to reflect all types of Peer Support Specialists that are certified by the Division of Substance Abuse and Mental Health (DSAMH); grammatical changes are implemented; a definition of "Youth-In-Transition" is added; curriculum changes remove "Strengthening the peer specialist's recovery", and "assist with physical health and wellness"; "Population Specific Guidelines" is added; and "Curriculum Requirements for Youth-in- Transition Training Programs" is added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change will impact procedures by simply explicitly allowing adult peer support services to be delivered to Youth-In- Transition. This service is already allowable within current funding and will not impact budgets. - LOCAL GOVERNMENTS: This rule will add an additional Youth-In-Transition endorsement for adult peer support services specialists that requires an additional eight hours of training above the standard time needed to receive a peer support specialist certification. Though this endorsement is voluntary, those seeking the endorsement who are working for a local authority would need to take 8 hours off from work to attend the training, and may have to pay up to $100 to receive the training. Local governments that reimburse or provide financial support for their employees seeking the endorsement could pay up to 8 hours of the employees' salaries and up to $100 for the training. DSAMH currently has no contracts with training providers that would charge a fee for this training, but there is a potential that this arrangement will not always exist and training fees could be requested. - SMALL BUSINESSES: It is anticipated that no small businesses will participate in the certification or endorsement described in this rule. This rule mostly affects local governments, employees of local governments, businesses contracted with local governments to provided substance use and/or mental health treatment services (none of which are small businesses at this time) and private citizens that are proactively seeking work within the public substance use and mental health treatment field and are covering personal cost to receive the certification and endorsement to place on a resume. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule will add an additional Youth-In-Transition endorsement for adult peer support services specialists that requires an additional eight hours of training above the standard time needed to receive a peer support specialist certification. Though this endorsement is voluntary, those seeking the endorsement as private citizens that are proactively seeking work within the public substance use and mental health treatment field and are covering personal cost to receive the certification and endorsement to place on a resume, would incur the following costs: eight hours of their personal time, and if they are working for an employer who does not reimburse for this training, they would lose eight hours of their weekly salary or eight hours of their PTO or other leave; and may have to pay up to $100 to receive the training. DSAMH currently has no contracts with training providers that would charge a fee for this training, but there is a potential that this arrangement will not always exist and training fees could been requested. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are associated with this rule change other than those that already exist from initial establishment of the rule. A Youth-In-Transition endorsement is not required to be a peer support specialist with adults. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule may require businesses to lose eight hours of productivity from employees seeking a Youth-In-Transition endorsement. Additionally, businesses that reimburse or provide financial support for their employees seeking the endorsement could pay up to 8 hours of the employees' salaries and up to $100 for the training. DSAMH currently has no contracts with training providers that would charge a fee for this training, but there is a potential that this arrangement will not always exist and training fees could been requested. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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 - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41607.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 41620 (Amendment): R597-2-2. Disclosure, Recusal, and Disqualification. SUMMARY OF THE RULE OR CHANGE: This rule amendment adds new statutory provisions to the rule in order to create one location where all requirements about disclosure, recusal, and disqualification are placed. Thus, it restates statutory language in the appropriate places in the rule. Specifically, it: 1) includes conflict of interest as a requirement for recusal, 2) declares disclosures as a protected record, and 3) states a limitation on disqualification pursuant to Subsection 78A-12-203(5)(e)(i). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change has no impact on the state budget because it only changes the conditions under which commissioners disclose, recuse, and disqualify for deliberations and voting on judicial retention recommendations. It does not change the number of judges evaluated, which is a central factor in determining the cost of evaluations. - LOCAL GOVERNMENTS: The Judicial Performance Evaluation Commission has no dealings with local government, so there is no cost or savings to those entities as a result of this change. - SMALL BUSINESSES: The Commission has no authority with respect to small businesses and no dealings with small businesses; consequently, there is no impact on such entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The affected persons are the individual, volunteer commissioners who are required by statute to make recommendations about whether judges should be recommended to voters for retention. There is no cost savings to them because there is no cost or savings associated with the limitations placed upon them for disclosure, recusal, and disqualification. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs to commissioners for compliance with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41620.htm No. 41623 (Amendment): R597-3-1. Evaluation Cycles. SUMMARY OF THE RULE OR CHANGE: The Legislature changed the judicial filing deadlines from April 15th of a general election year to July 15th of a general election year. The proposed rule amendment lengthens the evaluation cycles for judges an additional three months, consistent with the legislative filing deadline changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change has no impact on the state budget because it only changes the length of evaluation cycles for judicial performance surveys. It does not change the number of judges evaluated, which is a central factor in determining the cost of the evaluations. - LOCAL GOVERNMENTS: The Judicial Performance Evaluation Commission has no dealings with local government, so there is no cost or savings to those entities as a result of this change. - SMALL BUSINESSES: The Commission has no authority with respect to small businesses and no dealings with small businesses; consequently there is no impact on such entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The only affected persons are judges who will receive a longer evaluation period for judicial performance evaluations. There is no cost or savings to them because the change only prescribes the period during which the Commission will collect performance data about them. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost to judges who will receive a lengthier performance evaluation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41623.htm No. 41624 (Amendment): R597-3-3. Courtroom Observation. SUMMARY OF THE RULE OR CHANGE: This amendment states that although volunteers, courtroom observers may be eligible to receive compensation from JPEC in exchange for specified amounts of additional courtroom observation work. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These costs, estimated at no more than $5,000 per year, will be covered through existing budget allocations to JPEC. - LOCAL GOVERNMENTS: The Commission has no dealings with local government, so there is no cost or savings to those entities as a result of this change. - SMALL BUSINESSES: The Commission has no authority with respect to small businesses and no dealings with small businesses; consequently, there is no impact on such entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The affected persons are individual courtroom observation volunteers who may be eligible to receive limited compensation for the completion of specified courtroom observation work. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for affected persons is the time taken to complete the specified courtroom observation work assigned to them and document the completion before payment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41624.htm No. 41625 (Amendment): R597-3-5. Public Comments. SUMMARY OF THE RULE OR CHANGE: The Legislature changed the judicial filing deadlines from April 15th of a general election year to July 15th of a general election year. The proposed rule amendment changes the public comment period for persons desiring to comment on the performance of judges. It shifts the end date of the public comment period forward an additional three months, consistent with legislative filing deadline changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change has no impact on the state budget because it only changes deadlines for when comments must be submitted and broadens the scope of what kind of comments may be submitted. It does not change the number of judges evaluated, which is a central factor in determining the cost of the evaluations. - LOCAL GOVERNMENTS: The Judicial Performance Evaluation Commission has no dealings with local government, so there is no cost or savings to those entities as a result of this change. - SMALL BUSINESSES: The Commission has no authority with respect to small businesses and no dealings with small businesses; consequently there is no impact on such entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The only affected persons are the individual members of the public who may choose to submit comments about a judge. There is no cost or savings to them because all they are doing is submitting comments, which has no cost or savings associated with it. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost to members of the public if they choose to submit a comment about a judge. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41625.htm NATURAL RESOURCES WATER RIGHTS No. 41590 (Repeal): R655-2. Procedure for Administrative Proceedings Before the Division of Water Rights Commenced Prior to January 1, 1988. SUMMARY OF THE RULE OR CHANGE: This rule is no longer in use nor applicable to current rule requirements. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost is involved. Clarification for procedures does not require a dollar figure. - LOCAL GOVERNMENTS: No cost is involved. Clarification for procedures does not require a dollar figure. - SMALL BUSINESSES: No cost is involved. Clarification for procedures does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost is involved. Clarification for procedures does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost is involved. Clarification for procedures does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact. Clarification for procedures does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41590.htm WILDLIFE RESOURCES No. 41585 (New Rule): R657-29. Government Records Access Management Act. SUMMARY OF THE RULE OR CHANGE: Rule R657-29 is necessary to provide an effective and efficient process prescribing where and to whom requests for information shall be directed and provide procedures for access to division records as allowed under Subsection 63G-2-204(2)(d). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. DWR determines that this new rule 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: This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. Local governments will not be directly or indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. Small businesses will not be directly or indirectly impacted because the rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This is a new rule in compliance with Title 63G, Chapter 2, setting the process for accessing protected records within DWR. Other persons requesting protected information from DWR will be directly impacted because the rule does allow DWR to charge a set fee to cover the administrative costs of retrieving and compiling the requested data. The following fee schedule applies to all GRAMA requests made to DWR. Opt-in reports are $50 for all and $25 per drawing. DOPL wildlife violation reports have no charge for first report and renewals and are $10 per duplicate report. Copy of licenses have no charge. Research data (examples include prairie dog shape files, sheep surveys, big game data, correspondence, analysis statistics, court records, law enforcement records, and general data requests) have no fee for the first hour and a $25.00 per hour fee after the first hour, a $50 per hour fee for geographic information systems (GIS), and a $75 per hour fee data processing. Copy fees are 10 cents per self-service copy and 25 cents per staff-service copy. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this new rule could create a cost impact to individuals requesting protected data from DWR. The following fee schedule applies to all GRAMA requests made to the DWR. Opt-in reports are $50.00 for all, $25.00 per drawing. DOPL wildlife violation reports have no charge for first report and renewals, $10.00 per duplicate report. Copy of licenses have no charge. Research data (examples include prairie dog shape files, sheep surveys, big game data, correspondence, analysis statistics, court records, law enforcement records and general data requests) have no fee for the first hour, a $25.00 per hour fee after the first hour, a $50.00 per hour fee for geographic information systems (GIS), and a $75.00 per hour fee data processing. Copy fees are 10 cents per self-service copy and 25 cents per staff-service copy. 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 07/03/2017 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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41585.htm PARDONS (BOARD OF) ADMINISTRATION No. 41615 (Amendment): R671-202. Notification of Hearings. SUMMARY OF THE RULE OR CHANGE: The amendment changes verbiage from "will" to "shall" in a couple of places for how the Board of Pardons notifies an offender of his or her hearing. It also adds "type and purpose" to the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings because the notification of hearings to offenders do not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings because the notification of hearings to offenders do not have a fiscal impact on the local budget. - SMALL BUSINESSES: There is no anticipated cost or savings because the notification of hearings to offenders do not have a fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings because the amended rule of notification of hearings to offenders does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings because the amended rule of notification of hearings to offenders do not have a fiscal impact on the state budget. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts of the amended rule of notification of hearings to offenders on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41615.htm PUBLIC SAFETY ADMINISTRATION No. 41586 (New Rule): R698-10. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to the local government because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means. - SMALL BUSINESSES: There is not an anticipated cost or savings to small business because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the rule and find that the enactment of this rule will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41586.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41645 (Amendment): R746-343-15. Surcharge. SUMMARY OF THE RULE OR CHANGE: The rule requiring telecommunications corporations to assess their customers $0.02 per month for each residential and business telephone number is removed. The Public Service Commission (PSC) emphasizes that S.B. 130 goes into effect on 07/01/2017, on which date Section R746-343-15 will be preempted by the statute. Therefore, even though the first possible effective date for this repeal is 07/10/2017, telecommunications providers that have been collecting the $0.02 dedicated surcharge may terminate that collection as of 07/01/2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: For many years, the PSC and the Division of Public Utilities have been administering the program through which deaf, hard of hearing, and severely speech impaired persons are provided with assistive telecommunications devices and other telephony support. The agencies have the budget necessary to continue administering this program. The Legislature's decision to change the program's funding source is not anticipated to impact the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or administer Section R746-343-15. Its removal is not anticipated to pose a fiscal impact to local government. - SMALL BUSINESSES: Small businesses that are required to contribute to the UUSF will be required to comply with the PSC's associated rules. This section removal is part and parcel of the PSC's compliance with S.B. 130 (2017). In order to comply with the new legislation, the PSC has determined to impose a $0.36 monthly per-connection surcharge to fund both the UUSF and the program for deaf, hard of hearing, and severely speech impaired individuals. The fiscal impact of the adjusted per-connection surcharge is discussed in a companion filing. (EDITOR'S NOTE: A proposed amendment to Section R746-360-4 is under Filing No. 41644 in this issue, June 1, 2017, of the Bulletin.) - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Affected persons that are required to contribute to the UUSF will be required to comply with the PSC's associated rules. This section removal is part and parcel of the PSC's compliance with S.B. 130 (2017). In order to comply with the new legislation, the PSC has determined to impose a $0.36 monthly per-connection surcharge to fund both the UUSF and the program for deaf, hard of hearing, and severely speech impaired individuals. The fiscal impact of the adjusted per-connection surcharge is discussed in a companion filing under Filing No. 41644. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons that are required to contribute to the UUSF will be required to comply with the PSC's associated rules. This section removal is part and parcel of the PSC's compliance with S.B. 130 (2017). In order to comply with the new legislation, the PSC has determined to impose a $0.36 monthly per-connection surcharge to fund both the UUSF and the program for deaf, hard of hearing, and severely speech impaired individuals. The fiscal impact of the adjusted per-connection surcharge is discussed in a companion filing under Filing No. 41644. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, no fiscal impact to businesses is anticipated from the removal of this section. Affected businesses will continue to contribute to the program through the UUSF surcharge, the fiscal impact of which is discussed in a companion filing under Filing No. 41644. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41645.htm No. 41644 (Amendment): R746-360-4. Application of Fund Surcharges to Customer Billings. SUMMARY OF THE RULE OR CHANGE: Through 07/31/2017, providers of access lines, as defined at Subsection 54-8b-2(1), are required to remit to the Public Service Commission of Utah (PSC) 1.65% of their billed intrastate retail rates. As of 08/01/2017, providers of access lines are required to collect from their end-user customers a monthly surcharge of $0.36 per access line and remit to the PSC at least 98.69% of the total monthly surcharge collections. In order to comply with federal law, the rule includes a mechanism whereby an end-user may be exempted from the per-connection surcharge on a showing that the end-user does not use the access line at issue to facilitate Utah intrastate telecommunications services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The PSC and the Division of Public Utilities have been administering the UUSF for many years and have the budget to continue doing so. The change in the surcharge mechanism will not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules through which the UUSF is funded. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: Small businesses that provide access lines will be required to adjust their billing in order to assess and remit a per- connection surcharge (as opposed to remitting a percentage of their revenues). To comply, these businesses might need to change or modify their billing software. All such costs were considered by the Legislature in determining to allow migration to a per-connection surcharge. Further, such costs will vary and cannot be estimated by the PSC. However, the PSC notes that most of the small businesses affected by this rule have historically assessed a per-connection surcharge in order to fund a program that provides telephony assistance to individuals who are deaf, hard of hearing, or severely speech challenged. Therefore, the PSC anticipates that, for the majority of affected businesses, the migration from a revenue-based remittance to a connection-based remittance will not pose a meaningful fiscal burden. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Customers of businesses that provide access lines will be charged $0.36 per month per access line. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected persons must collect from their customers and remit to the PSC a monthly per-connection surcharge. Providers of access lines will need to obtain or modify billing software accordingly. The associated costs will vary and cannot be anticipated. However, where most providers have historically collected a per-connection surcharge to comply with other statutory requirements, it is anticipated that the associated costs will be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, the fiscal impact to businesses will result from IT programming or software that might be necessary in order to comply with a per-connection surcharge requirement rather than a revenue- based remittance requirement. It is anticipated that the conversion costs will be minimal and well within the regulatory budget of Utah's access line providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41644.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 41619 (Amendment): R926-11. Clean Fuel Vehicle Decal Program. SUMMARY OF THE RULE OR CHANGE: This amendment makes technical changes and corrects legal citations included in the rule, adds text that defines and regulates placement of newly devised C Stickers that are to be used as part of the Clean Fuel Vehicle Decal Program, and changes the way the waiting list for applications submitted to participate in the program operates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment may result in savings to the state's annual budget because it makes the Clean Fuel Vehicle Decal Program more efficient. However, quantifying the aggregate savings to the state's budgets is not possible at present and may be negligible. - LOCAL GOVERNMENTS: This amendment will not result in an increase in aggregate costs or savings to local governments because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department of Transportation does not charge a fee to apply. - SMALL BUSINESSES: This amendment will not result in an increase in aggregate costs or savings to small businesses because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment will not result in an increase in aggregate costs or savings to persons other than small businesses, businesses, or local government entities because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment will not result in an increase in aggregate costs or savings to affected persons because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will not result in 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 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Mark Burns by phone at 801-366-0198, by FAX at 801-366-0352, or by Internet E-mail at markburns@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41619.htm WORKFORCE SERVICES HOUSING AND COMMUNITY DEVELOPMENT No. 41611 (Amendment): R990-101. Qualified Emergency Food Agencies Fund (QEFAF). SUMMARY OF THE RULE OR CHANGE: Recent changes to the State Community Services Act have amended the method of determining distributions from QEFAF, which provides funding for food pantries and similar organizations. Specifically, the statutory changes eliminate the requirement that QEFAF reimbursements be tied directly to the number of pounds of food donated each year. The proposed changes described here provide a revised method of determining how QEFAF funds are to be distributed, clarify the reimbursement process and timelines, and make related technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the state budget because the changes do not affect the QEFAF funding levels set by the Legislature. - LOCAL GOVERNMENTS: There are no costs or savings to local governments because the changes do not affect the QEFAF funding levels set by the Legislature, and because the changes use existing funding levels as the baseline for funding distributions. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because the changes do not affect the QEFAF funding levels set by the Legislature, and because small businesses do not receive QEFAF funding, per statute. - 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, and because the changes do not affect the QEFAF funding levels set by the Legislature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including affected persons, because the proposed changes do not affect the compliance responsibilities of qualified agencies receiving QEFAF funds. 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 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41611.htm REHABILITATION No. 41616 (Amendment): R993-300. Certification Requirements for Interpreters for the Hearing Impaired. SUMMARY OF THE RULE OR CHANGE: The prior rule was poorly organized and more difficult to use. These changes make the rule more closely track the statutory language. There are no changes being made to the Division of Rehabilitation practice or procedure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer. 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. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 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: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41616.htm 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 July 3, 2017. From the end of the 30-day waiting period through September 29, 2017, an agency may notify the Office 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 Office 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. INSURANCE ADMINISTRATION No. 41296 (Change in Proposed Rule): R590-206. Privacy of Consumer Financial and Health Information Rule. SUMMARY OF THE RULE OR CHANGE: The changes are as follows: incorporated the Federal Model Privacy Form as Appendix B, allowing licensees to rely on this form as a safe harbor for compliance with the rule; clarified that licensees may continue to use existing language in the current Appendix A, but as of 07/01/2019 will not be considered safe harbor language; updated several citations within the rule to reflect changes to the rule based on adoption of the NAIC model #672; updated reference to a beneficiary in a workers' compensation plan to be a claimant covered by a workers' compensation plan; made changes consistent with NAIC model #672; added language to address settlement options and clarifying the consumer is a beneficiary or claimant that has submitted a claim; made changes consistent with NAIC model #672; added a new Section R590-206-10; and added privacy notices to group policyholders, which adopts specific language for notice requires for group policyholders. The Department of Insurance previously added language in Subsection R590-206-11(3)(a) which was strongly opposed by industry. This revision removes the previously proposed language, and adopts the NAIC model #672 language. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the March 1, 2017, 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 CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a direct result of the changes to this rule. Licensees are currently required to comply with the federal law. Any costs or savings would have already been realized as the state adopted the requirements of the FAST Act and the GLBA. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a direct result of the changes to this rule. Licensees are currently required to comply with the federal law. Any costs or savings would have already been realized as the state adopted the requirements of the FAST Act and the GLBA. - SMALL BUSINESSES: There are no anticipated costs or savings to small business as a direct result of the changes to this rule. Licensees are currently required to comply with the federal law. Any costs or savings would have already been realized as the state adopted the requirements of the FAST Act and the GLBA. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governmental entities as a direct result of the changes to this rule. Licensees are currently required to comply with the federal law. Any costs or savings would have already been realized as the state adopted the requirements of the FAST Act and the GLBA. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes adopt changes in federal law, correct references to Utah Code and sections within the rule, and correct a few minor grammatical errors. Licensees are currently required to comply with the federal law. Any compliance costs would have already been realized as affected persons adopted the requirements of the FAST Act and the GLBA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe there is no potential for fiscal impact on the businesses as a result of the changes to the rule. The changes merely adopt existing federal requirements and align the Utah rule with the NAIC model #672, adopted 04/11/2017. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41296.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 41614 (Emergency Rule): R649-2-9. Refusal to Agree. SUMMARY OF THE RULE OR CHANGE: This emergency rule specifies the manner in which an owner must consent to the drilling and operation of a well and agree to bear that owner's proportionate share of the costs of the drilling, testing, completion, and equipping of that well, as well as the timeframe within which such consent must be given. Specifying these details in rule is required by the recently amended Subsections 40-6-2(4) and 40-6-2(11). Consent must be given in writing within 30 days of written notice being received. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Regular rulemaking (which is presently being carried out) will not provide the detail concerning the manner and timeframe within which an owner must consent to a well required by the recently amended Subsections 40-6-2(4) and 40-6-2(11) by the 05/09/2017 effective date of that provision. Without this emergency rule, as of 05/09/2017, the operative provisions of the statute, which are critical to the functioning of the compulsory pooling procedures set forth in Section 40-6-6.5, and which depend upon these details concerning manner and timeframe of consent being spelled out in regulation, will become impossible to enforce and apply as of 05/09/2017. Reliance solely on the ongoing regular rulemaking process would therefore place the agency in violation of the requirements of state law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule specifies the manner in which owners must consent to the drilling and operation of wells. There are no anticipated changes in costs or savings to the Division of Oil, Gas and Mining under this rule. This rule is also not expected to have any budgetary impacts on other state agencies or have any other direct or indirect costs to the state. - LOCAL GOVERNMENTS: This rule is not expected to create any costs or savings for counties, cities, towns, school districts, special districts, or any other form of local government. The emergency rule only clarifies existing regulations in certain respects which do not implicate costs, and will therefore have no effect on anticipated costs or savings. - SMALL BUSINESSES: Small businesses are not expected to be impacted by this emergency rule. This emergency rule only clarifies existing regulations in certain respects which do not implicate costs, and will therefore have no effect on anticipated costs or savings for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities are not expected to be impacted by this rule because the rule only clarifies existing provisions of the current statutory and regulatory scheme concerning compulsory pooling. COMPLIANCE COSTS FOR AFFECTED PERSONS: Landowners and operators would not experience any increase in compliance costs under this rule. These types of parties could potentially experience a reduction in their attorney and legal fees relating to costs of appearing before the Board of Oil, Gas and Mining. The Division does not have access to industry expenditures for Board hearings, so a specific costs savings could not be reasonably estimated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This emergency rule will have no fiscal impact on businesses as it only clarifies existing provisions of the current statutory and regulatory scheme concerning compulsory pooling. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41614.htm 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 https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES RISK MANAGEMENT No. 41601 (5-year Review): R37-1. Risk Management General Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to continue the implementation of specific, reasonable and objective underwriting and risk control standards that are intended to reduce liability to the Risk Management Fund. Moreover, this rule should continue because it more specifically prescribes the actual duties of all entities that participate in the Risk Management Fund. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41601.htm No. 41602 (5-year Review): R37-2. Risk Management State Workers' Compensation Insurance Administration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to maintain the implementation of mandated workers' compensation coverage and further reasonable and objective risk management and loss prevention programs in order to reduce workers' compensation claims and costs. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41602.htm No. 41603 (5-year Review): R37-3. Risk Management 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 must continue to provide notice that the Division of Risk Management's management of state funds and purchase of insurance products and services are not governed by the Administrative Procedures Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41603.htm No. 41604 (5-year Review): R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments. 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 must continue in order to comply with Subsection 63G-7-605(4). DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41604.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 41573 (5-year Review): R131-3. Use of Magnetometers on Capitol Hill. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Capitol Preservation Board is required to make rules to govern, administer, and regulate the Capitol Hill facilities and grounds. This rule regulates the use of security devices which electronically detect ferrous metals. 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 - Dana Jones by phone at 801-538-3074, or by Internet E-mail at danajones@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov EFFECTIVE: 05/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41573.htm COMMERCE CONSUMER PROTECTION No. 41610 (5-year Review): R152-34. Postsecondary Proprietary School Act Rules. 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 establishes standards and criteria for the awarding of education credentials, bona fide instruction through faculty interaction, and the determination of the ability of students to benefit from a program in fulfillment of the requirement of Subsection 13-34-104(6), see Section R152- 34-4 and Subsection R152-34-6(l). The rule also establishes the amount of the bond, certificate, or letter of credit required under Subsection 13-34- 107(7)(a), and other issues relating to bond, certificates, or letters of credit, see Subsections R152-34-7(9) through (14). This is necessary since the statute does not establish a specific bond amount. The rule also facilitates the Division's administration of registrations under the Postsecondary Proprietary School Act, e.g. Sections R152-34-1, R152-34-3, R152-34-5, R152-34-6, and R152-34-10 and the Division's statutory charge to protect students from deceptively promoted, inadequately staffed, and unqualified proprietary institutions and programs and enforce the Postsecondary Proprietary School Act, e.g., Sections R152-34-7, R152-34-9, and R152-34-11. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41610.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41629 (5-year Review): R307-105. General Requirements: Emergency Controls. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-105 satisfies federal regulations implementing the Clean Air Act that prevent ambient pollutant concentrations from reaching certain levels that cause significant harm to human health and the environment. These requirements are found in 40 CFR 51.151. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41629.htm No. 41630 (5-year Review): R307-214. National Emission Standards for Hazardous Air Pollutants. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Incorporating federal rules into the Utah rules enables the Utah Division of Air Quality to enforce its own air quality rules. This prevents EPA from having to step in and take over Utah's regulatory scheme over its own sources of air pollution. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41630.htm No. 41631 (5-year Review): R307-401. Permit: New and Modified Sources. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-401 is required by Section 19-2-108 and is also required by Section II, Review of New and Modified Air Pollution Sources, of the State Implementation Plan (SIP), which is incorporated by reference under Rule R307-110. This SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart I. Without the SIP, EPA would be required to impose a federal implementation plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41631.htm No. 41632 (5-year Review): R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-403 is required by Section 19-2-108 and by Section II, Review of New and Modified Air Pollution Sources, of the State Implementation Plan (SIP), which is incorporated by reference under Rule R307-110. The SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51.165. Without the SIP, EPA would be required to impose a federal implementation plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41632.htm No. 41634 (5-year Review): R307-406. Visibility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-406 is required by Section XVII, Visibility Protection, of the State Implementation Plan (SIP), which is incorporated by reference into the Utah Air Quality Rules under Rule R307-110. The SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart P. Without the SIP, EPA would be required to impose a federal implementation plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41634.htm No. 41636 (5-year Review): R307-410. Permits: Emissions Impact Analysis. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-410 is required by Section XVIII, Demonstration of GEP Stack Height, of the Utah State Implementation Plan (SIP), which is incorporated by reference under Rule R307-110. The SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart I, and 40 CFR 51.118. Without the SIP, EPA would be required to impose a federal implementation plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41636.htm No. 41638 (5-year Review): R307-414. Permits: Fees for Approval Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The fees required in Rule R307-414, which are approved annually by the Legislature, comprise a substantial portion of the budget of the Division of Air Quality. Without these fees, the Division would not be able to review and enforce the air quality permitting program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41638.htm No. 41639 (5-year Review): R307-415. Permits: Operating Permit Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-415 is required by Title V of the Clean Air Act; 40 CFR Part 70; and Section 19-2-109.1 of the Utah Code. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41639.htm No. 41640 (5-year Review): R307-417. Permits: Acid Rain Sources. 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 incorporates by reference the federal requirements in 40 CFR Part 72 into Utah's air quality rules for the purpose of meeting the requirements of Title IV of the Clean Air Act. By incorporating the federal requirements into the state rules, Utah is able to implement and enforce its own acid rain program. Without this rule, the EPA would have the sole authority to implement the program in Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41640.htm No. 41641 (5-year Review): R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-420 is required to minimize the growth in emissions of ozone precursors in Salt Lake and Davis counties. This rule supports Section IX.D (Ozone Maintenance Plan) of the State Implantation Plan, which is incorporated by reference in Section R307-110-13. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41641.htm No. 41642 (5-year Review): R307-421. Permits: PM10 Offset Requirements in Salt Lake County and Utah County. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-421 is required to minimize the growth in emissions of PM10 precursors in Salt Lake and Utah County. The rule supports the PM10 Maintenance Plan, which is incorporated by reference in Section R307-110-10. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41642.htm No. 41643 (5-year Review): R307-424. Permits: Mercury Requirements for Electric Generating Units. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it sets mercury emission limits for coal-fired power plants. It also implements federal emission standards found in 40 CFR 61.24 and is required by Section 111(d) of the Clean Air Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41643.htm WATER QUALITY No. 41613 (5-year Review): R317-3. Design Requirements for Wastewater Collection, Treatment and Disposal Systems. 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 minimum design requirements for wastewater collection, treatment, and disposal systems. The division director is charged to review and approve these systems. The rule is required to meet this charge. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41613.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41588 (5-year Review): R414-100. Medicaid Primary Care Network Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it defines emergency services, spells out services available to PCN members, and includes member cost- sharing provisions. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41588.htm No. 41589 (5-year Review): R414-200. Non-Traditional Medicaid Health Plan Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it defines emergency services, spells out services available to NTM members, and includes member cost- sharing provisions. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41589.htm INSURANCE ADMINISTRATION No. 41569 (5-year Review): R590-238. Captive Insurance 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 forth the financial, reporting, record-keeping, and other requirements necessary for the regulation of captive insurance companies as required under the Captive Insurance Companies Act, which is Title 31A, Chapter 37. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 05/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41569.htm LABOR COMMISSION ADMINISTRATION No. 41587 (5-year Review): R600-2. Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As part of its duty to administer the various statutes identified above, the Labor Commission is required to establish standards for conduct of Commission business, including rules for hours of business and filing of business documents. This rule should be continued for those purposes. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41587.htm ADJUDICATION No. 41605 (5-year Review): R602-1. General Provisions. 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 remains necessary to establish standards for computing time limits and setting witness fees in the Commission's adjudicative process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41605.htm No. 41612 (5-year Review): R602-2. Adjudication of Workers' Compensation and Occupational Disease Claims. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As part of the Commission's continuing responsibility to administer a system for adjudication of workers' compensation and occupational disease claims, it is necessary for the Commission to establish procedures for pleadings and discovery, standards for use and compensation of medical panels, and standards for evaluating settlement agreements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41612.htm NATURAL RESOURCES WATER RIGHTS No. 41593 (5-year Review): R655-1. Wells Used for the Discovery and Production of Geothermal Energy in the State of Utah. 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 is still required for processing and acceptance by the State Engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41593.htm No. 41592 (5-year Review): R655-6. Administrative Procedures for Informal Proceedings Before the Division of Water Rights. 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 is still required for processing and acceptance by the State Engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41592.htm No. 41591 (5-year Review): R655-15. Administrative Procedures for Distribution Systems and Water Commissioners. 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 is still required for processing and acceptance by the State Engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 05/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41591.htm WILDLIFE RESOURCES No. 41580 (5-year Review): R657-2. 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: Rule R657-2 sets forth the standards and procedures governing all adjudicative proceedings before the Wildlife Board and DWR specifically governing the requests for agency action; declaratory orders brought pursuant to Section 63G-4-503; requests for species reclassification under Rule R657- 3; post issuance requests for a variance or amendment to a license; and permit, tag, or certification of registration. Rule R657-2 sets the standard procedure for filing timelines, pre-hearing procedures, decisions and orders, and judicial review. This rule helps to govern the legal proceedings for DWR. It is imperative that this rule be in order. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41580.htm No. 41583 (5-year Review): R657-4. Possession of Live Game Birds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-4 provides the procedures and requirements for the possession, importation, purchase, propagation, sale, barter, trade, or disposal of live game birds. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41583.htm No. 41581 (5-year Review): R657-22. Commercial Hunting Areas. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-22 provides the procedures and requirements for establishing, maintaining, and operating a commercial hunting area. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of the commercial hunting area program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41581.htm No. 41582 (5-year Review): R657-30. Fishing License for the Terminally Ill. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R657-30 is necessary to provide an effective and efficient process for issuing free fishing licenses to persons who are terminally ill. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41582.htm PUBLIC SAFETY FIRE MARSHAL No. 41571 (5-year Review): R710-1. Concerns Servicing Portable 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: The purpose of this rule is to establish licensing requirements for business concerns servicing portable fire extinguishers, to establish the requirements for certificates of registration of persons servicing portable fire extinguishers, to establish service tag requirements, to outline adjudicative proceedings, and to establish a fee schedule. This rules allows the Fire Prevention Board to regulate portable fire extinguishers and automatic fire suppression systems as required by statute. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 05/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41571.htm No. 41572 (5-year Review): R710-2. Rules Pursuant to the Utah Fireworks Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Class C fire works are an explosive used by the public for entertainment. They are dangerous. The Utah State Legislature has tasked the fire prevention board with regulating these explosives. As long as these explosives remain a threat to public safety, it is imperative that they be regulated to ensure a minimum level of safety for the public. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 05/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41572.htm No. 41574 (5-year Review): R710-3. Assisted Living Facilities. 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 establish the minimum standards for prevention of fire and for the protection of life and property against fire and panic in assisted living facilities. This rule establishes the criteria used by the state and local fire departments in the inspection of these facilities. These inspections ensure the safety of the occupants from the threat of fire. Many of the individuals in these facilities have a diminished capacity for self preservation. This rule sets a standard to protect them. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41574.htm No. 41575 (5-year Review): R710-4. Buildings Under the Jurisdiction of the State Fire Prevention Board. 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 establish minimum rules for the prevention of fire and for the protection of life and property against fire and panic in any publicly-owned building, including all public and private schools, colleges, and university buildings, and in any building or structure used or intended for use, as an asylum, hospital, mental hospital, sanitarium, home for the aged, assisted living facility, children's home or day care center, or any similar institutional type occupancy of any capacity; and in any place of assemblage where 50 or more persons may gather together in a building, structure, tent, or room for the purpose of amusement, entertainment, instruction, or education. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41575.htm No. 41584 (5-year Review): R710-7. Concerns Servicing Automatic Fire Suppression Systems. 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 establish regulations governing those concerns that service Automatic Fire Suppression Systems. This rule applies to systems regulated by the state adopted editions of National Fire Protection Association (NFPA), Standard 12, Standard on Carbon Dioxide Extinguishing Systems; NFPA, Standard 12A, Halon 1301 Fire Extinguishing Systems, 2009 edition; NFPA, Standard 12B, Halon 1211 Fire Extinguishing Systems, 1990 edition; NFPA, Standard 17, Standard for Dry Chemical Extinguishing Systems; NFPA, Standard 17A, Standard for Wet Chemical Extinguishing Systems; NFPA, Standard 96, Ventilation Control and Fire Protection of Commercial Cooking Operations; NFPA, Standard 2001, Clean Agent Fire Extinguishing Systems. These standards are not adopted elsewhere in statute or rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 05/04/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41584.htm No. 41577 (5-year Review): R710-9. Rules Pursuant to the Utah Fire Prevention and Safety 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 purpose of this rule is to provide minimum rules for safeguarding life and property from the hazards of fire and explosion, for board meeting conduct, for deputizing Special Deputy State Fire Marshals, for procedures to amend incorporated references, for establishing Board subcommittees, for enforcement of the rules of the State Fire Marshal, for requirements for the firefighter support restricted account, for regulation of novelty lighters, for procedures for the issuance of blasting permits, and for amendments and additions. This rule establishes an appeals board for decisions made by the State Fire Marshals Office. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41577.htm NOTICES OF FIVE-YEAR EXPIRATIONS 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). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. 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 Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). NATURAL RESOURCES WILDLIFE RESOURCES No. 41579 (Expired): R657-29. Government Records Access Management Act. SUMMARY: The five-year review was not filed by the deadline. Therefore, the rule has expired and will be removed from the Administrative Code. (EDITOR'S NOTE: The agency has filed a proposed new Rule R657-29 under Filing No. 41585 in this issue, June 1, 2017, of the Bulletin to put the rule back in place.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170601/41579.htm 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 Office 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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41349 (AMD): R156-38b.State Construction Registry Rule Published: 04/01/2017 Effective: 05/08/2017 No. 41348 (AMD): R156-55a.Utah Construction Trades Licensing Act Rule Published: 04/01/2017 Effective: 05/08/2017 No. 41346 (AMD): R156-76-501.Administrative Penalties - Unlawful Conduct Published: 04/01/2017 Effective: 05/08/2017 REAL ESTATE No. 41350 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 04/01/2017 Effective: 05/10/2017 EDUCATION ADMINISTRATION No. 41363 (AMD): R277-211-6.Proposed Consent to Discipline Published: 04/01/2017 Effective: 05/10/2017 No. 41364 (REP): R277-483.Persistently Dangerous Schools Published: 04/01/2017 Effective: 05/10/2017 No. 41365 (AMD): R277-612.Foreign Exchange Students Published: 04/01/2017 Effective: 05/10/2017 No. 41366 (AMD): R277-615.Standards and Procedures for Student Searches Published: 04/01/2017 Effective: 05/10/2017 ENVIRONMENTAL QUALITY AIR QUALITY No. 41100 (CPR): R307-841.Residential Property and Child-Occupied Facility Renovation Published: 04/01/2017 Effective: 05/09/2017 No. 41100 (AMD): R307-841.Residential Property and Child-Occupied Facility Renovation Published: 01/01/2017 Effective: 05/09/2017 No. 41101 (AMD): R307-842.Lead-Based Paint Activities Published: 01/01/2017 Effective: 05/09/2017 No. 41101 (CPR): R307-842.Lead-Based Paint Activities Published: 04/01/2017 Effective: 05/09/2017 HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 41334 (AMD): R388-804.Special Measures for the Control of Tuberculosis Published: 03/15/2017 Effective: 05/11/2017 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41323 (AMD): R432-700.Home Health Agency Rule Published: 03/01/2017 Effective: 05/15/2017 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41337 (AMD): R746-200-7.Termination of Service Published: 04/01/2017 Effective: 05/15/2017 VETERANS' AND MILITARY AFFAIRS ADMINISTRATION No. 41351 (AMD): R978-1.Rule Governing Veterans' Affairs Published: 04/01/2017 Effective: 05/09/2017 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 https://rules.utah.gov/researching/ . <> ----------------------------