---------------------------- Utah State Digest, Vol. 2018, No. 3 (February 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 3, 2018, 12:00 AM through January 16, 2018, 11:59 PM Volume 2018, No. 3 February 1, 2018 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 Public Notice for a Hearing on the Proposed Amendments to Rule R156-42a, Occupational Therapy Practice Act Rule, Filing No. 42381 - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/sn159789.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 January 3, 2018, 12:00 a.m., and January 16, 2018, 11:59 p.m. are summarized in this, the February 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 1, 2018, issue of the Utah State Bulletin until at least March 5, 2018 (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 June 1, 2018, 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. AGRICULTURE AND FOOD ADMINISTRATION No. 42472 (New Rule): R51-6. Agricultural Advisory Board Electronic Meeting. SUMMARY OF THE RULE OR CHANGE: This proposed rule makes it possible for the Agricultural Advisory Board (Board) and subcommittees of that board to hold electronic meetings. This rule also specifies the procedures that must be followed by the board in order for the board or subcommittees to have an electronic meeting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Board consists of 21 members representing the various agricultural industries in the state. These members come from all over the state. Many members of the Board have extensive travel which the state reimburses at $0.53 per mile. Additionally, the state pays $15 per hour for the length of the meeting. Allowing electronic meetings would result in the state saving the $0.53 per mile per member of the Board who choose not to travel for the meetings. It is not feasible to estimate the savings to the state for electronic meetings due to the inability of the Department of Agriculture and Food (Department) to determine which members would be participating in the phone calls, as well as the continual change in the makeup of the board which would change the amount of mileage. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments as the rule neither requires action from nor provides benefit to local governments. - SMALL BUSINESSES: There are no anticipated costs or benefits to small businesses as the rule neither requires action from nor provides benefit to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Members of the board and subcommittees will have the benefit of not having to travel to the meetings. As many of them live outside of the Wasatch Front, the availability of electronic meetings will allow them to continue to participate in the meetings, but not have to spend time traveling to and from the meetings. It is not feasible for the Department to estimate the savings to the individuals as the will vary based on the makeup of the Board. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no costs associated with this rule as the rule does not require action from any person affected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Board is made up of 21 representatives of the agricultural industry. Due to the nature of the agricultural industry, many of the members live away from the Wasatch Front and have extensive travel. This travel takes them away from their regular work responsibilities. This proposed rule will make it easier for Board members to participate in the meeting without having to take the time from their other responsibilities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42472.htm EDUCATION ADMINISTRATION No. 42479 (Amendment): R277-404. Requirements for Assessments of Student Achievement. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-404 remove language regarding U-PASS and replaces it with the term "statewide assessments". The changes mirror the repeal of references to U-PASS passed in the 2017 General Session in S.B. 220, Student Assessment and School Accountability Amendments. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have a fiscal impact on the state budget. The changes to Rule R277-404 provide technical changes. - LOCAL GOVERNMENTS: This rule change is not estimated to have a fiscal impact on local governments. The changes to Rule R277-404 provide technical changes. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on small businesses. The changes to Rule R277-404 provide technical changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities. The changes to Rule R277-404 provide technical changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to Rule R277-404 remove language regarding U-PASS and replaces it with the term "statewide assessments". The changes mirror the repeal of references to U-PASS passed in S.B. 220 (2017). This rule change defines high school assessment to align it with statute, Section 53A- 1-611.5. It also defines "standards assessment" and "statewide assessment" although most of the wording used for these definitions were already in the rule. This rule change makes further adjustments to assessment requirements. However, these changes are not estimated to have a fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42479.htm No. 42480 (New Rule): R277-415. School Nurses Matching Funds. SUMMARY OF THE RULE OR CHANGE: The proposed Rule R277-415 puts matching funds for school nurses program into Board rule. Enacting this rule may cause a redistribution among local education agencies (LEAs) of some of the grant funds since the rule is enacting criteria on the award. This rule outlines what matching funds may be used for, but these uses appear to include the categories of expenditures LEAs are utilizing currently for school nurses as detailed in the Annual Program Report on Restricted State and Federal Funds. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant. - LOCAL GOVERNMENTS: It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant. - SMALL BUSINESSES: It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance cost for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed new Rule R277-415 puts matching funds for school nurses program into Board rule. Enacting this rule may cause a redistribution among LEAs of some of the grant funds since the rule is enacting criteria on the award. This rule outlines what matching funds may be used for, but these uses appear to include the categories of expenditures LEAs are utilizing currently for school nurses as detailed in the Annual Program Report on Restricted State and Federal Funds. It is possible that under this proposed rule, some LEAS will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. There is currently variation in how much of the matching fund LEAs receive year to year. Matching funds for school nurses are awarded through an application process so it is difficult to know how the rule change may impact LEAs decisions to apply for the grant. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42480.htm No. 42481 (Amendment): R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP). SUMMARY OF THE RULE OR CHANGE: This rule amendment to Rule R277-490 makes technical changes and adds that the Superintendent shall determine the exact percentage awarded following a review of available program funding and exact costs for continuing programs. The Superintendent may also not award funds to a local education agencies for a new program specialist unless program funding can provide 80% funding for all continuing grants. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment is not estimated to have a fiscal impact on the state budget. This rule is amended to provide technical, conforming, and stylistic changes. - LOCAL GOVERNMENTS: This rule amendment is not estimated to have a fiscal impact on local governments. This rule is amended to provide technical, conforming, and stylistic changes. - SMALL BUSINESSES: This rule amendment is not estimated to have a fiscal impact on small businesses. This rule is amended to provide technical, conforming, and stylistic changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment is not estimated to have a fiscal impact on small businesses, businesses, or local government entities. This rule is amended to provide technical, conforming, and stylistic changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment to Rule R277-490 is not estimated to have a fiscal impact. Amendments to Rule R277-490 make technical changes and add that the Superintendent shall determine the exact percentage awarded following a review of available program funding and exact costs for continuing programs. The Superintendent may also not award funds to a local education agencies for a new program specialist unless program funding can provide 80% funding for all continuing grants. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42481.htm No. 42482 (Amendment): R277-700. The Elementary and Secondary School General Core. SUMMARY OF THE RULE OR CHANGE: These amendments to Rule R277-700 give LEAs additional flexibility in required courses for middle and junior high school by referencing courses rather than units of credit, giving LEA boards discretion to offer additional elective courses, set requirements for a student to complete additional elective courses, and set minimum credit requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments are not estimated to have a fiscal impact on the state budget. These amendments to Rule R277-700 provide technical changes. - LOCAL GOVERNMENTS: These rule amendments are not estimated to have a fiscal impact on local governments. These amendments to Rule R277-700 provide technical changes. - SMALL BUSINESSES: These rule amendment are not estimated to have a fiscal impact on small businesses. These amendments to Rule R277-700 provide technical changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities. The amendments to Rule R277-700 provide technical changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R277-700 is not estimated to have a fiscal impact. These amendments to Rule R277-700 give LEAs additional flexibility in required courses for middle and junior high school by referencing courses rather than units of credit, giving LEA boards discretion to offer additional elective courses, set requirements for a student to complete additional elective courses and set minimum credit requirements. These rule amendments also, upon parental or student request, enable an LEA, with parental consent, to substitute a course requirement with a course, extracurricular activity, or experience that is similar to the course requirement or consistent with the student's college and career-ready plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42482.htm No. 42483 (Amendment): R277-708. Enhancement for At-Risk Students. SUMMARY OF THE RULE OR CHANGE: This amendment to Rule R277-708 cleans up the existing rule to better describe how LEAs apply for and define allowable uses of the Enhancement for At-Risk Students funds. The funding formula and tasks required of LEAs remain the same. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment is not estimated to have a fiscal impact on the state budget. This amendment cleans up the existing rule to better describe how LEAs apply for and define allowable uses of Enhancement for At-Risk Students funds. The funding formulas and tasks required of LEAs remain the same. - LOCAL GOVERNMENTS: This rule amendment is not estimated to have a fiscal impact on local governments. This amendment cleans up the existing rule to better describe how LEAs apply for and define allowable uses of Enhancement for At-Risk Students funds. The funding formulas and tasks required of LEAs remain the same. - SMALL BUSINESSES: This rule amendment is not estimated to have a fiscal impact on small businesses. This amendment cleans up the existing rule to better describe how LEAs apply for and define allowable uses of Enhancement for At-Risk Students funds. The funding formulas and tasks required of LEAs remain the same. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment is not estimated to have a fiscal impact on small businesses, businesses, or local government entities. This amendment cleans up the existing rule to better describe how LEAs apply for and define allowable uses of Enhancement for At-Risk Students funds. The funding formulas and tasks required of LEAs remain the same. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R277-708 is not estimated to have a fiscal impact. It cleans up the existing rule to better describe how LEAs apply for and define allowable uses of the Enhancement for At-Risk Students funds. The funding formula and tasks required of LEAs remain the same. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42483.htm No. 42484 (Amendment): R277-717. High School Course Grading Requirements. SUMMARY OF THE RULE OR CHANGE: This amendment to Rule R277-717 only makes technical corrections to high school course grading requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment is not estimated to have a fiscal impact on the state budget. This amendment only makes technical corrections. - LOCAL GOVERNMENTS: This rule amendment is not estimated to have a fiscal impact on local government. This amendment only makes technical and stylistic changes. - SMALL BUSINESSES: This rule amendment is not estimated to have a fiscal impact on small businesses. This amendment only makes technical and stylistic changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment is not estimated to have a fiscal impact on small businesses, businesses, or local government entities. This amendment only makes technical corrections to high school course grading requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-717 are not estimated to have a fiscal impact. The amendments to Rule R277-717 only make technical corrections to high school course grading requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42484.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 42433 (Amendment): R307-101-3. Version of Code of Federal Regulations Incorporated by Reference. SUMMARY OF THE RULE OR CHANGE: This filing amends the rule to incorporate all changes within the updated version of Title 40 of the Code of Federal Regulations from July 2016 to July 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule filing incorporates already existing federal regulations. No additional costs or benefits affect the state budget after incorporation. - LOCAL GOVERNMENTS: This rule filing incorporates already existing federal regulations. No additional costs or benefits affect local governments after incorporation. - SMALL BUSINESSES: This rule filing incorporates already existing federal regulations. No additional costs or benefits exist for small businesses after incorporation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule filing incorporates already existing federal regulations. No additional costs or benefits exist for persons other than small businesses, businesses, or local government entities after incorporation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no new compliance costs as a result of this update to the incorporation by reference. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to the nature of incorporating already existing federal regulations into the state rules, there will be no additional fiscal impacts on businesses as a result of this amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42433.htm No. 42434 (Amendment): R307-210. Standards of Performance for New Stationary Sources. SUMMARY OF THE RULE OR CHANGE: This filing amends the rule to incorporate all changes within the updated version of Title 40 of the Code of Federal Regulations from July 2016 to July 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule filing incorporates already existing federal regulations. No additional costs or benefits affect the state budget after incorporation. - LOCAL GOVERNMENTS: This rule filing incorporates already existing federal regulations. No additional costs or benefits affect local governments after incorporation. - SMALL BUSINESSES: This rule filing incorporates already existing federal regulations. No additional costs or benefits exist for small businesses after incorporation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule filing incorporates already existing federal regulations. No additional costs or benefits exist for persons other than small businesses, businesses, or local government entities after incorporation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no new compliance costs as a result of this update to the incorporation by reference. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to the nature of incorporating already existing federal regulations into the state rules, there will be no additional fiscal impacts on businesses as a result of this amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42434.htm No. 42435 (Amendment): R307-214. National Emission Standards for Hazardous Air Pollutants. SUMMARY OF THE RULE OR CHANGE: This rule filing amends the rule to incorporate all changes within the updated version of Title 40 of the Code of Federal Regulations from July 2016 to July 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule filing incorporates already existing federal regulations. No additional costs or benefits affect the state budget after incorporation. - LOCAL GOVERNMENTS: This rule filing incorporates already existing federal regulations. No additional costs or benefits affect local government after incorporation. - SMALL BUSINESSES: This rule filing incorporates already existing federal regulations. No additional costs or benefits exist for small businesses after incorporation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule filing incorporates already existing federal regulations. No additional costs or benefits exist for persons other than small businesses, businesses, or local government entities after incorporation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no new compliance costs as a result of this update to the incorporation by reference. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to the nature of incorporating already existing federal regulations into the state rules, there will be no additional fiscal impacts on businesses as a result of this amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42435.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 42451 (Amendment): R315-15. Standards for the Management of Used Oil. SUMMARY OF THE RULE OR CHANGE: A comment was made recently to the Division of Waste Management and Radiation Control, Waste Management (Division) that there was a conflict in the wording of Subsections R315-15-13.3(a) and (b). Subsection R315-15-13.3(a) currently states that a person may operate a used oil aggregation point without a registration number if the aggregation point also accepts used oil from household do-it-yourselfers or other generators. Subsection R315-15-13.3(b) then states if an aggregation point accepts used oil from household do-it-yourselfers, it must be registered. It is the intent of the rule that all facilities that manage used oil from household do-it-yourselfers be registered. The Division was unable to determine why the contradiction exists. Previous versions of the rule do not have the contradiction and the Division was unable to find any documentation making the change. The proposed change to Section R315-15-13.3 will remove the contradiction and return the rule to its original intent. It was recently discovered that facilities involved in the management of used oil have been submitting all financial assurance mechanisms signed in duplicate when only certain mechanisms actually need to be signed in duplicate, others in triplicate and some just single. Research into the issue revealed that Section R315-15-17.1 requires all financial assurance mechanisms to be signed in duplicate. The proposed change to Section R315-15-17.1 will remove the requirement from the rules and facilities managing used oil will follow the requirements of each mechanism regarding the number of signatures needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that any cost or savings to the Division from these proposed rule changes will be negligible because the Division has been enforcing the rule regarding registration of aggregation points as it was intended and the changes will not change how the rule has been enforced. The proposed changes will not reduce or lengthen the amount of time required to review financial assurance mechanisms and therefore will not affect the Division's budget. - LOCAL GOVERNMENTS: It is anticipated that any cost or savings to local governments that may be involved in the management of used oil from these proposed rule changes will be negligible because the changes will not change which facilities managing used oil must register and local governments are exempt from having to submit financial assurance mechanisms to the Division. - SMALL BUSINESSES: It is anticipated that any cost or savings to small businesses from these proposed rule changes will be negligible because the changes do not change which facilities managing used oil must register or any requirements regarding financial assurance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that any cost or savings to persons other than small businesses, businesses, or local governments from these proposed rule changes will be negligible because the changes do not change which facilities managing used oil must register or any requirements regarding financial assurance. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule changes do not change which facilities managing used oil must register or how the Division has enforced this requirement. These proposed rule changes do not change any of the financial assurance requirements for facilities managing used oil. Potential compliance costs will be similar to those described above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division has consistently required facilities that collect used oil from household do-it-yourselfers to be registered with the Division and, therefore, these changes to the rule only correct an inadvertent change that potentially caused some confusion among readers of the rule and will have no fiscal impact on businesses. There are thirteen different types of financial assurance mechanisms that are submitted by various entities involved in the management of used oil. Some of these mechanisms are required, simply by the type of mechanism they are, to be submitted in duplicate or triplicate so that all entities involved, including the Division, have original, signed copies of the mechanism. These proposed rule changes do not reduce any requirements for financial assurance; they simply allows the mechanism to dictate how many copies need to be submitted instead of the rule dictating the number. Therefore, the fiscal impact of the change is negligible. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 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: 03/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42451.htm TECHNOLOGY SERVICES ADMINISTRATION No. 42432 (Amendment): R895-12. Telecommunications Services and Requirements. SUMMARY OF THE RULE OR CHANGE: As provided in Section 63F-1-206, all state agencies must subscribe to the telecommunications services of the Department of Technology Services, unless excepted by law. The reason for these changes is to replace "Division" with "Department" as divisions within the Department of Technology Services were eliminated. In addition, these changes remove the delegation of authority section (R895-12-4), which is redundant language with Title 63F. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated compliance cost for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact to businesses. These rule changes are minor language changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/05/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stephanie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42432.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 March 5, 2018. From the end of the 30-day waiting period through June 1, 2018, 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. ENVIRONMENTAL QUALITY AIR QUALITY No. 42107 (Change in Proposed Rule): R307-150. Emission Inventories. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies that applicability for the emission inventory requirement is based on one ton of uncontrolled actual emissions of an individual criteria air pollutant. Additionally, it corrects subscript issues found throughout the rule. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 55. 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided with the originally proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42107.htm No. 42108 (Change in Proposed Rule): R307-401. Permit: New and Modified Sources. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies that the exemption for oil and gas wells as defined by 40 CFR 60.5430a does include centralized tank batteries (the 40 CFR definition only includes centralized tank batteries for applicability of fugitive emissions standards). (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 58. 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42108.htm No. 42109 (Change in Proposed Rule): R307-504. Oil and Gas Industry: Tank Truck Loading. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies the definition of "vapor capture line". (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 70. 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: This rule does not have a cost or benefit to the state budget because this rule regulates oil and gas sources. - LOCAL GOVERNMENTS: This rule does not have a cost or benefit to local governments because this rule regulates oil and gas sources. - SMALL BUSINESSES: Based on the most current inventory, no small businesses will incur the one-time charge to install equipment required to comply with this rule. Although unlikely, if a small business is later identified, with a non-compliant site, the business will experience a fiscal cost associated with the installation of vapor capture lines at each site. The full impact to these businesses cannot be estimated because the cost of installation can vary from site to site, depending on cost variances of supplies, design, and installation methods. It is estimated that the cost of each site, depending on operator preference, will be between $1,000 and $10,000. Any future sites that require permitting would require the same VOC emission controls that are contained in this proposed amendment. Therefore, there would be no future costs or benefits to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does not have a cost or benefit to "other persons" because the rule impacts owners or operators of oil and gas wells. The owners and operators of these wells are businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are five oil and gas extraction companies (NAICS 2111) operating in Utah that will incur a one-time cost to comply with the amendments to Rule R307-504 (based on 2014 Tank Control inventory). These businesses will experience a fiscal cost associated with the installation of vapor capture lines at each site. The full impact to these non-small businesses cannot be estimated because the cost of installation can vary from site to site, depending on cost variances of supplies, design, and installation methods. It is estimated that the cost of each site, depending on operator preference, will be between $1,000 and $10,000. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will result in a fiscal impact to approximately five oil and gas extraction companies operating in Utah. This rule will require non- compliant sites to install a vapor capture line on each piece of equipment currently not in compliance. This impact will be a one-time expense per installation, between $1,000 and $10,000 depending on the supplies, design, and installation methods chosen by the company. Since permitting will require the same VOC emissions controls contained in these proposed amendments, there is no additional cost or benefit to future businesses equipment, resulting in no economic impact. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42109.htm No. 42111 (Change in Proposed Rule): R307-506. Oil and Gas Industry: Storage Vessels. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies the definition of a "Centralized Tank Battery", the definition of "Emergency Relief Storage Vessel", the definition of "Uncontrolled Emissions", how emergency relief storage vessels would be regulated under this rule, and to broaden the methods for determining emissions and type of emissions (uncontrolled versus controlled). These changes provide more flexibility to determination of emissions and clarify applicability of rules. The emergency relief storage vessels changes were due to questions regarding their applicability to the proposed rule. This required the addition of requirements for such vessels as they are regulated differently from production and operational vessels. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 73. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42111.htm No. 42112 (Change in Proposed Rule): R307-507. Oil and Gas Industry: Dehydrators. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies the definition of "Well Site", the definition of "Uncontrolled Emissions", the addition of a monthly visual inspection of dehydrators, and additions to the record-keeping requirements. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 75. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42112.htm No. 42113 (Change in Proposed Rule): R307-508. Oil and Gas Industry: VOC Control Devices. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies the definition of a "Well Site", and requirements. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 77. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42113.htm No. 42114 (Change in Proposed Rule): R307-509. Oil and Gas Industry: Leak Detection and Repair Requirements. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies the definition of a 'Well Site", adds missing definitions, and clarifies that VOC control devices that meet the requirements of Federal NSPS OOOOa automatically meet the requirements of this rule. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 79. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42114.htm No. 42115 (Change in Proposed Rule): R307-510. Oil and Gas Industry: Natural Gas Engine Requirements. SUMMARY OF THE RULE OR CHANGE: This change to the proposed rule clarifies specific engine requirements that will allow sources to better understand the intent of the proposed engine requirements. The changes do not substantially change the proposed requirements. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 81. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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: This change in proposed rule does not affect the original economic impact analysis. - LOCAL GOVERNMENTS: This change in proposed rule does not affect the original economic impact analysis. - SMALL BUSINESSES: This change in proposed rule does not affect the original economic impact analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule does not affect the original economic impact analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs are expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42115.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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42448 (5-year Review): R156-31b. Nurse Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 31b, with respect to the above- identified profession types. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov EFFECTIVE: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42448.htm No. 42447 (5-year Review): R156-68. Utah Osteopathic Medical Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 68, with respect to osteopathic physicians/surgeons. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42447.htm EDUCATION ADMINISTRATION No. 42471 (5-year Review): R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP). 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 continues to be necessary because it implements the BTSALP model in public schools through LEAs and consortia that submit grant applications to hire arts specialists who are paid on the licensed teacher salary schedule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42471.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 42452 (5-year Review): R315-301. Solid Waste Authority; Definitions, and General 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 R315-301 contains the definitions and the basic prohibitions against disposal of waste except in sites that are approved and contain the necessary design, engineering, and closure elements that will provide protection to public health and the environment. This rule is also the foundation of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42452.htm No. 42453 (5-year Review): R315-302. Solid Waste Facility Location Standards, General Facility Requirements, and Closure 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 R315-302 contains siting requirements for solid waste disposal facilities and the general outline of the operation, monitoring, closure, and post-closure care of a solid waste disposal facility. This rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42453.htm No. 42454 (5-year Review): R315-303. Landfilling Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-303 contains requirements for solid waste disposal facilities performance requirements, design standards, operations, and maintenance standards. This rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42454.htm No. 42455 (5-year Review): R315-304. Industrial Solid Waste Landfill 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 R315-304 is necessary to implement the requirements of the statute to review plans for facilities that dispose of nonhazardous solid waste. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42455.htm No. 42456 (5-year Review): R315-305. Class IV and VI Landfill 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 R315-305 contains requirements for solid waste disposal facilities performance requirements, design standards, operations, and maintenance standards. This rule forms the basis of the permit program required by the Solid and Hazardous Waste Act and is referenced by other solid waste rules. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42456.htm No. 42457 (5-year Review): R315-306. Incinerator Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-306 contains requirements for nonhazardous solid waste incineration facilities performance requirements, design standards, operations, and maintenance standards. This rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42457.htm No. 42458 (5-year Review): R315-307. Landtreatment Disposal Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-307 contains requirements for solid waste disposal facilities performance requirements, design standards, operations, and maintenance standards. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42458.htm No. 42459 (5-year Review): R315-308. Ground Water Monitoring 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 R315-308 contains the requirements for ground water monitoring that are an integral part of the solid waste program to protect public health and the environment. Ground water monitoring must be included in a state solid waste program for that program to be approved by EPA. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42459.htm No. 42460 (5-year Review): R315-309. Financial Assurance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-309 contains the requirements for financial assurance. Financial assurance is a required part of a solid waste program that is to maintain EPA approval and also meets the requirement for financial assurance found in Subsection 19-6-108(9)(c). Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42460.htm No. 42461 (5-year Review): R315-310. Permit Requirements for Solid Waste Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-310 contains the requirement for a permit to operate a nonhazardous facility. The permitting program is an integral part of the solid waste program and is required to maintain EPA program approval and to meet the requirements of Section 19-6-108. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42461.htm No. 42462 (5-year Review): R315-311. Permit Approval For Solid Waste Disposal, Waste Tire Storage, Energy Recovery, And Incinerator Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-311 is an integral part of the solid waste permitting program and defines major and minor modifications to permit and outlines the public comment process. Without this rule, the permit program would not meet the requirements of the Solid and Hazardous Waste Act. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42462.htm No. 42463 (5-year Review): R315-312. Recycling and Composting Facility Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-312 provides the standards for operation of recycling and compost facilities that are allowed by the Solid and Hazardous Waste Act. This rule also sets the standards that will assure that these facilities are operated in a way that protects human health and the environment. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42463.htm No. 42464 (5-year Review): R315-313. Transfer Stations and Drop Box Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-313 provides the standards for operation of transfer stations and drop box facilities that are allowed by the Solid and Hazardous Waste Act. This rule also sets the standards that will assure that these facilities are operated in a way that protects human health and the environment. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42464.htm No. 42465 (5-year Review): R315-314. Facility Standards for Piles Used for Storage and Treatment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-314 provides the standards for operation of facilities that treat and store solid waste in piles as allowed by the Solid and Hazardous Waste Act. This rule also sets the standards that will assure that these facilities are operated in a way that protects human health and the environment. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42465.htm No. 42466 (5-year Review): R315-315. Special Waste 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 R315-315 sets standards for the management of special wastes. These wastes can present special risks or require special handling which is set forth in Rule R315-315. When these standards are obeyed it will assure that these wastes do not present an unacceptable risk to public health or the environment. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42466.htm No. 42467 (5-year Review): R315-316. Infectious Waste 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 R315-316 sets standards for the management of infectious waste. This waste can present special risks or require special handling which is set forth in Rule R315-316. When these standards are obeyed, it will assure that these wastes do not present an unacceptable risk to public health or the environment. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42467.htm No. 42468 (5-year Review): R315-317. Other Processes, Variances, Violations, and Petition for Rule Change. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R315-317 sets the procedures for the granting of variances, issuing of notices of violation, and procedures for rule change petitions. These are all an important part of the permit program for the regulation of solid waste management facilities. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42468.htm No. 42469 (5-year Review): R315-318. Permit by Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Permitting of solid waste facilities is a requirement to receive program approval from the EPA and is also required by the Solid and Hazardous Waste Act. Rule R315-318 sets out the procedures and conditions that will allow facilities that are permitted under another state program to receive a permit by rule and be in compliance with the Solid and Hazardous Waste Act and the solid waste rules and not be burdened by regulation by two different agencies. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42469.htm No. 42470 (5-year Review): R315-320. Waste Tire Transporter and Recycler 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 R315-320 contains requirements for Waste Tire Transporter and Recycler Requirements. This rule forms the basis for the regulation of the waste tire program in Utah. Therefore, this rule should be continued. 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 EFFECTIVE: 01/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42470.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42440 (5-year Review): R414-301. Medicaid 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: The Department will continue this rule because it defines Medicaid programs, groups, and eligibility; spells out member rights and responsibilities in regard to application and enrollment; implements provisions to safeguard member information; allows members to request agency conferences and fair hearings to resolve problems; and implements provisions that allow the Department to contract with the Department of Human Services and the Department of Workforce Services to do eligibility determinations and provide fair hearings for Medicaid members. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42440.htm No. 42441 (5-year Review): R414-302. Eligibility Requirements. 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 sets forth eligibility requirements for Medicaid members and applicants that relate to citizenship, residence, child support, institutionalization, identification, applying for other benefits, third party liability, assignment of rights, enforcement of medical support, and financial responsibility. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42441.htm No. 42442 (5-year Review): R414-303. Coverage Groups. 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 establishes eligibility and coverage requirements for all categorically and medically needy individuals, including groups covered under the Modified Adjustment Gross Income (MAGI)- based methodology, foster care, adoption, Refugee Medicaid, presumptive eligibility, and the Medicaid Cancer Program. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42442.htm No. 42443 (5-year Review): R414-304. Income and Budgeting. 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 establishes income-based requirements for all categorically and medically needy individuals including groups covered under the Medicaid Work Incentive Program and the Modified Adjustment Gross Income (MAGI)-based methodology. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42443.htm No. 42444 (5-year Review): R414-305. Resources. 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 establishes resource provisions for categorically and medically needy individuals that include provisions for transfers, disregards, trusts and annuities, and how to apply Modified Adjusted Gross Income (MAGI)-based methodology. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42444.htm No. 42445 (5-year Review): R414-306. Program Benefits and Date of Eligibility. 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 establishes effective dates of eligibility and provisions for benefits available to Qualified Medicare Beneficiaries, Specified Low-Income Medicare Beneficiaries, and Qualifying Individuals. The Department will also continue this rule because the rule requires coordination with other programs to inform members of available benefits, refers members to provisions for transportation services, and spells out criteria for supplemental payments to institutionalized individuals. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42445.htm No. 42446 (5-year Review): R414-308. Application, Eligibility Determinations and Improper Medical Assistance. 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 implements procedures for application; establishes protocol for verifications and exchanges; specifies procedures for eligibility decisions and periods of review; sets forth requirements for change reporting; spells out protocols for case closures and redeterminations; and outlines member and agency responsibilities in cases of improper medical coverage. 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: 01/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42446.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL No. 42473 (5-year Review): R525-2. Patient Rights. 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 to ensure that patients at the Utah State Hospital and their family members are provided with basic and reasonable rights in accommodations, participating in treatment and visitations, and a remedy for situations where those rights are not extended. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov EFFECTIVE: 01/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42473.htm No. 42474 (5-year Review): R525-3. Medication Treatment of Patients. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The individuals receiving treatment and care at the Utah State Hospital are granted certain privileges and due process when being given medications as a part of their treatment regime. This rule should be continued to ensure that all steps necessary to protect patients’ rights in this area are preserved and a process is in place to review the medication treatment of patients. In this review, the Division has found some nonsubstantive changes that need to be made and will be submitting a filing to make those changes. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov EFFECTIVE: 01/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42474.htm No. 42475 (5-year Review): R525-4. Visitors. 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 to ensure that patient care at the Utah State Hospital is not impeded when appropriate measures are to be taken to limit outside influences that could disrupt the well being and safety of an individual or unit. It will ensure that family members are provided with reasonable access to patients undergoing care and treatment at the hospital, and ensure proper measures are taken to limit patient access to items that could be brought into the campus that might cause disruption or harm. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov EFFECTIVE: 01/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42475.htm No. 42476 (5-year Review): R525-5. Background Checks. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The individuals receiving treatment and care at the Utah State Hospital are vulnerable adults, youth, and children. This rule should be continued to ensure that all steps necessary to protect patients from potential abuse or exploitation are take when hiring staff and approving service provisions from volunteers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov EFFECTIVE: 01/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42476.htm No. 42477 (5-year Review): R525-6. Prohibited Items and Devices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Utah State Hospital is designated as a secure area with restrictions on firearms, ammunition, dangerous weapons, implements of escape, explosives, controlled substances, spirituous or fermented liquors, medicines, or poisons in any quantities. This rule should be continued to ensure that all areas on the Utah State Hospital's campus are designated secure from prohibited devices and that storage sites for such devices are established. In this review, the Division has found some nonsubstantive changes that need to be made and will be submitting a filing for those changes. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov EFFECTIVE: 01/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42477.htm No. 42478 (5-year Review): R525-7. Complaints/Suggestions/Concerns. 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 to ensure that all complaints/suggestions/concerns from patients and family members are received and reviewed properly. This rule places accountability on the Utah State Hospital to consider and review all issues pertaining to the hospital's functions. Also, there is an opportunity for continued process improvement as issues are reviewed and resolved. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov EFFECTIVE: 01/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42478.htm INSURANCE ADMINISTRATION No. 42438 (5-year Review): R590-157. Surplus Lines Insurance Premium Tax and Stamping Fee. 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 provides procedures and reporting forms to be used by insurers, brokers, and policyholders in calculating tax due. As a result of the regulation, all who charge the tax use the same calculation to determine the amount of the fee. It makes the payment uniform and fair. 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: 01/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42438.htm No. 42437 (5-year Review): R590-218. Permitted Language for Reservation of Discretion Clauses. 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 creates a safe harbor for insurance companies that provide insurance to ERISA employee benefit plans sponsored by employers, allowing insurers to know what language in insurance forms is acceptable to the Department. 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: 01/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42437.htm No. 42436 (5-year Review): R590-243. Commercial Motor Vehicle Insurance Coverage. 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 be continued because it defines commercial motor vehicle insurance coverage as it applies to motor vehicle insurance reporting. 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: 01/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42436.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42449 (5-year Review): R657-58. Fishing Contests and Clinics. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-58 provides the procedures, standards, and requirements for holding a fishing contest or clinic on a body of water in the state of Utah. The provisions adopted in this rule are effective. Continuation of this rule is necessary for the continued success of allowing the anglers of Utah to take fish and to protect the resource. 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180201/42449.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. EDUCATION ADMINISTRATION No. 42322 (AMD): R277-469.Instructional Materials Commission Operating Procedures Published: 12/01/2017 Effective: 01/09/2018 No. 42323 (AMD): R277-491-4.School Community Council Principal Responsibilities Published: 12/01/2017 Effective: 01/09/2018 No. 42324 (AMD): R277-515.Utah Educator Professional Standards Published: 12/01/2017 Effective: 01/09/2018 No. 42325 (AMD): R277-519.Educator Professional Learning Procedures and Credit Published: 12/01/2017 Effective: 01/09/2018 No. 42326 (NEW): R277-621.District of Residence Published: 12/01/2017 Effective: 01/09/2018 No. 42327 (AMD): R277-920.Implementation of the School Turnaround and Leadership Development Act Published: 12/01/2017 Effective: 01/09/2018 ENVIRONMENTAL QUALITY AIR QUALITY No. 42110 (NEW): R307-505.Oil and Gas Industry: Registration Requirements Published: 10/01/2017 Effective: 01/26/2018 HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 42328 (AMD): R388-805.Ryan White Part B Program Published: 12/01/2017 Effective: 02/01/2018 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 42201 (AMD): R432-150-8.Administrator Published: 11/01/2017 Effective: 01/11/2018 No. 42200 (AMD): R432-270-19.Medication Administration Published: 11/01/2017 Effective: 01/11/2018 DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 42282 (NEW): R438-15.Newborn Screening Published: 11/15/2017 Effective: 01/29/2018 INSURANCE ADMINISTRATION No. 42319 (AMD): R590-266-1.Authority Published: 12/01/2017 Effective: 01/10/2018 PARDONS (BOARD OF) ADMINISTRATION No. 42295 (AMD): R671-201.Original Hearing Schedule and Notice Published: 11/15/2017 Effective: 01/08/2018 No. 42294 (AMD): R671-202.Notification of Hearings Published: 11/15/2017 Effective: 01/08/2018 No. 42297 (AMD): R671-203.Victim Input and Notification Published: 11/15/2017 Effective: 01/08/2018 No. 42227 (AMD): R671-205.Credit for Time Served Published: 11/01/2017 Effective: 01/08/2018 No. 42296 (NEW): R671-206.Competency of Offenders Published: 11/15/2017 Effective: 01/08/2018 No. 42231 (AMD): R671-304.Hearing Record Published: 11/01/2017 Effective: 01/08/2018 PUBLIC SAFETY ADMINISTRATION No. 42269 (NEW): R698-11.Submission and Testing of Sexual Assault Kits Published: 11/15/2017 Effective: 01/10/2018 CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 42258 (AMD): R722-300.Concealed Firearm Permit and Instructor Rule Published: 11/15/2017 Effective: 01/10/2018 No. 42259 (AMD): R722-350.Certificate of Eligibility Published: 11/15/2017 Effective: 01/10/2018 No. 42260 (AMD): R722-380.Firearm Background Check Information Published: 11/15/2017 Effective: 01/10/2018 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42331 (AMD): R746-409-1.General Provisions Published: 12/01/2017 Effective: 01/09/2018 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/ . <> ----------------------------