---------------------------- Utah State Digest, Vol. 2018, No. 7 (April 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 2, 2018, 12:00 AM through March 15, 2018, 11:59 PM Volume 2018, No. 7 April 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 *********************************************** EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Establishing a Policy for Legislative Communications of Executive Branch Departments and Employees, Utah Exec. Order No. 2018-1 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160024.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 March 2, 2018, 12:00 a.m., and March 15, 2018, 11:59 p.m. are summarized in this, the April 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 1, 2018, issue of the Utah State Bulletin until at least May 1, 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 July 30, 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. ADMINISTRATIVE SERVICES INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF) No. 42658 (Repeal): R30-1. Office of Inspector General of Medicaid Services. SUMMARY OF THE RULE OR CHANGE: Rule R30-1 is repealed in its entirety. Three new rules will take its place, R30-1, R30-2, and R30-3. (EDITOR'S NOTE: The proposed new Rule R30-1 is under Filing No. 42694, the proposed new Rule R30-2 is under Filing No. 42695, and the proposed new Rule R30-3 is under Filing No. 42696 in this issue, April 1, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no fiscal impact to the state budget associated with this repeal. - LOCAL GOVERNMENTS: There is no fiscal impact to local governments associated with this repeal. - SMALL BUSINESSES: There is no fiscal impact to small businesses associated with this repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no fiscal impact to other "persons" associated with this repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs associated with this repeal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact associated with this repeal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gene Cottrell by phone at 801-538-6856, by FAX at 801-538-6382, or by Internet E-mail at gcottrell@utah.gov - Nathan Johansen by phone at 801-538-6455, by FAX at 801-538-6382, or by Internet E-mail at nmjohansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42658.htm No. 42694 (New Rule): R30-1. Office Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R30-1 outlines procedures followed by the OIG of Medicaid Services in carrying out its duties as outlined in Title 63A, Chapter 13. Specifically, Rule R30-1 outlines procedures for conducting audits, requesting records, on-site inspections, and OIG directed self- audits. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no fiscal cost or benefit to state government with this new rule. The OIG under the old rule consulted with and worked closely with state government(s) that had any interaction with Medicaid funds. The OIG does not think that the relationship and/or time spent with these state government(s) will increase or decrease as a result of this new proposed rule. - LOCAL GOVERNMENTS: There will be an aggregate savings to local governments of $5,723 annually. The OIG identified two areas of which the rule may have a direct fiscal cost or benefit. The nature of the OIG is such that OIG does not conduct regular business (i.e. reviews) with any one specific local government but does conduct work on an as needed basis. Just because the OIG has worked with a local government in the past is not necessarily an indicator that OIG will work with them in the future. As such, for the analysis, the OIG gathered data from 07/01/2015 through 12/31/2017, and combined services into two groups that have an impact on local governments (mental and behavioral health services). These services are broken into these groups as it would be effective to report them as a group rather than selecting the top local governments. Of the data pulled, local governments accounted for 4.24% of the total Medicaid claims reviewed and less than 1% of the total dollar amount identified on those claims. Cost: There are two pieces with the new rule that may have a direct fiscal costs (on-site inspections and self-audits). They are broken out as follows: on-site visits can be conducted by the OIG when the OIG identifies the provider as a new provider, it has been determined by the Medicaid program to be high risk provider, when the OIG is conducting an investigation and it has been determined that it is easier to conduct work directly on-site, or it may result from a random selection. It is determined that the OIG will conduct 12 on-site visits each year. The fiscal costs of those on-site visits have been broken out as follows: it was determined that the average time of an on-site visit is 5 hours; it is determined that two office staff personnel, at the provider’s location, would assist with the on-site; it was identified that each OIG staff personnel would cost the provider $50 per hour; at $50 per hour for 2 individuals at 5 total hours the total estimated cost of an on-site visit would be $500. With that, the total costs of 12 on-site visits would be $6,000; and multiplied that by the percentage of claims reviewed as identified in our local government section. Self-audits are initiated by the OIG when it has been determined that a problem exists within a medical claims. The OIG researches the problem and identifies the claims that are effected by the problem. The OIG will then write up the problem and request that a provider look into its own claims to see if the problem exists. If the problem does exist, the OIG encourages the provider to submit repayment of funds back to the Medicaid program and/or rebill the claim in the proper manner. The OIG conducts self-audits as a result of determining that is it not cost beneficial for the office to request records and review them individually, that the concern identified is not significant and the provider has better capabilities to review records, or as determined to be the method to have records reviewed. It is determined that the OIG will conduct 4 self- audits during any given year and identify that 2,000 individual claims be reviewed for a total of $8,000 individual claims. The fiscal costs of those self-audits have been broken as follows: it was determined that the average number of claims reviewed on a similar issue would be 10 per hour; based upon that amount it would require 800 total hours; it would cost, on average $50 per hour to review records; the total amount for 4 self-audits and the number of claims would be $40,000; and multiplied that by the percentage of claims reviewed as identified in our local government section. Benefits: In order to properly determine if a Medicaid overpayment has occurred or not, OIG sends a request for records to a provider. The records request historically has required the provider to submit medical records and any other documentation to the OIG within 30 days. If a provider is unable to comply with this 30-day rule, the Office will request that a reimbursement be made to the Medicaid program for the amount identified on the medical claim. Under the new rule, the period of which a provider must submit those records goes from 30 days to 45 days. It is estimated that roughly 5% of the requests for records are unable to comply with the old rule. It is anticipated that this new rule will eliminate almost all non-compliance. The OIG therefore took the following steps: determined the value of 5% of all claims reviewed from July 2015 – December 2017; annualized this to proper determine an estimate; multiplied that by the percentage of claims reviewed as identified in our local government section; and finally multiplied all of this by the average dollar amount as identified on our notice of recovery documents. - SMALL BUSINESSES: There will be an aggregate savings to small businesses of $49,194 annually. Cost: There are two pieces with this new rule that may have a direct fiscal costs: on-site inspections and self-audits. They are broken out as follows: on-site visits can be conducted by the OIG when the OIG identifies the provider as a new provider, it has been determined by the Medicaid program to be high risk provider, when the OIG is conducting an investigation and it has been determined that it is easier to conduct work directly on-site, or may results from a random selection. It is determined that the office will conduct 12 on-site visits each year. The fiscal costs of those on-site visits have been broken out as follows: it was determined that the average time of an on-site visit is 5 hours; it is determined that 2 office staff personnel at the provider's location would assist with the on- site; it was identified that each office staff personnel would cost the provider $50 per hour; at $50 per hour for 2 individuals at 5 total hours the total estimated cost of an on-site visit would be $500. With that, the total costs of 12 on-site visits would be $6,000; multiplied that by the percentage of claims reviewed as identified in our small business section. Self-audits are initiated by the OIG when it has been determined that a problem exists within a medical claims. The OIG researches the problem and identifies the claims that are effected by the problem. The OIG will then write up the problem and request that a provider look into its own claims to see if the problem exists. If the problem does exists, the OIG encourages the provider to submit repayment of funds back to the Medicaid program and/or rebill the claim in the proper manner. The OIG conducts self-audits as a result of determining that is it not cost beneficial for the OIG to request records and review them individually, that the concern identified is not significant and the provider has better capabilities to review records, or as determined to be the method to have records reviewed. It is determined that the office will conduct 4 self-audits during any given year and identify that 2,000 individual claims be reviewed for a total of $8,000 individual claims. The fiscal costs of those self-audits have been broken out as follows: it was determined that the average number of claims reviewed on a similar issue would be 10 per hour; based upon that amount it would require 800 total hours; it would cost, on average $50 per hour to review records; the total amount for 4 self-audits and the number of claims would be $40,000; and multiplied that by the percentage of claims reviewed as identified in our small business section. Benefits: In order to properly determine if a Medicaid overpayment has occurred or not, OIG sends a request for records to a provider. The records request historically has required the provider to submit medical records and any other documentation to the office within 30 days. If a provider is unable to comply with this 30-day rule, the OIG will request that a reimbursement be made to the Medicaid program for the amount identified on the medical claim. Under the new rule, the period of which a provider must submit those records goes from 30 days to 45 days. It is estimated that roughly 5% of the requests for records are unable to comply with the old rule. It is anticipated that this new rule will eliminate almost all non-compliance. The OIG therefore, took the following steps: determined the value of 5% of all claims reviewed from July 2015 – December 2017; annualized this to proper determine an estimate; multiplied that by the percentage of claims reviewed as identified in our local government section; and finally multiplied all of this by the average dollar amount as identified on our notice of recovery documents. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The OIG does not believe there is cost or savings to any "person" associated with this new rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: The OIG does not anticipate significant compliance costs associated with implementation of this rule. The compliance components of this rule are already adhered to by providers through contracts with Medicaid. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will be a net savings to Medicaid providers whom the OIG provides oversight of. These savings are realized primarily in the self- audit procedure as the provider reviews low risk, low return on investment (ROI) claims identified by the OIG that appear to have been billed incorrectly. This process saves the provider the time of copying each claim and then delivering them to the OIG. Self-audits are directed only on low risk claims with small dollar amounts that would be more costly to produce the records for and mail to the OIG. The OIG saves the states time and money by not having to review records that likely have a very small ROI. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gene Cottrell by phone at 801-538-6856, by FAX at 801-538-6382, or by Internet E-mail at gcottrell@utah.gov - Nathan Johansen by phone at 801-538-6455, by FAX at 801-538-6382, or by Internet E-mail at nmjohansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42694.htm No. 42695 (New Rule): R30-2. Adjudicative Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R30-2 outlines the processes the OIG will use when an administrative hearing is requested by a Medicaid provider. This process differs from processes used in the past in that it outlines a settlement process by which both parties can reach an agreement prior to the case going to hearing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The OIG does not think that there is a fiscal cost or benefit to the state budget with this new rule. The OIG under the old Rule R30-1 consulted with and worked closely with state government(s) that had any interaction with Medicaid funds. OIG does not think that the relationship and/or time spent with these state government(s) will increase or decrease as a result of this new proposed rule. (EDITOR'S NOTE: The proposed repeal of Rule R30-1 is under Filing No. 42658 in this issue, April 1, 2018, of the Bulletin.) - LOCAL GOVERNMENTS: Local governments fiscal cost is $1,400 annually. The OIG identified one area of which the rule may have a direct fiscal cost. The nature of OIG is such that the OIG does not conduct regular business (i.e. reviews) with any one specific local government but does conduct work on an as needed basis. Just because the office has worked with a local government in the past is not necessarily an indicator that the Office will work with them in the future. As such, for our analysis, the OIG gathered data from 07/01/2015 through 12/31/2017, and combined services into two groups that have an impact in local governments (mental and behavioral health services). These services are broken into these groups as it would be effective to report them as a group rather than selecting the top local governments. Of the data pulled, local governments accounted for 4.24% of the total Medicaid claims reviewed and less than 1% of the total dollar amount identified on those claims. Cost: The one piece that may have a direct fiscal costs is during what OIG calls the review process. Under both the old and new rule, a provider is given the opportunity for a hearing. Historically, of the notices of recoveries sent (i.e. notice telling a provider that a reimbursement of Medicaid funds is needed), the OIG has scheduled around 159 annually. During the hearing process, under the old rule, a provider had the opportunity to discuss their side of the story during the hearing. If after this discussion, an agreement could not be reached, then it was sent before our Administrative Law Judge to make the final decision. The same process is followed in the new rule, but a provider now has the ability to request an agency review. This adds an additional step in the mediation process. Based upon this, the OIG estimated that although there isn’t a lot of additional work that would need to take place at the provider level, it may result in a few employee hours being spent by the provider. The OIG believe that the process would cost a provider $200 more. When conducting the calculation, the OIG used the $200 and allocated it across the estimated hearings as if each provider would request an agency review. The OIG does not think that will take place, but for purposes of estimating conservatively, the OIG has calculated it as such. With this calculation, the OIG then multiplied it by the percentage of claims reviewed as identified. - SMALL BUSINESSES: Small businesses fiscal cost is $14,399 annually. The OIG identified two areas of which the rule may have a direct fiscal cost or benefit. The nature of OIG is such that the OIG does not conduct regular business (i.e. reviews) with any one specific small business but does conduct work on an as needed basis. Just because the office has worked with a small business in the past is not necessarily an indicator that the OIG will work with them in the future. As such, for the analysis, the OIG gathered data from 07/01/2015 through 12/31/2017, and combined services into six groups that have an impact on small businesses (rehabilitation, doctors, dentist, pharmacy, therapy, and the sixth group has been combined which is made up of nursing homes, laboratories, and home health). These services are broken into these groups as it would be more effective to report them as a group rather than selecting the five top small businesses. Also, note that these groups have been listed in the order of which we identified as higher dollar value verses the number of providers that fall into each category. Of the data pulled, small businesses accounted for 45.65% of the total Medicaid claims reviewed and 5.01% of the total dollar amount identified on those claims. Cost: The one piece that may have a direct fiscal costs is during what OIG calls the review process. Under both the old rule (R30-1) and the new rule (R30-2), a provider is given the opportunity to a hearing. Historically, of the notices of recoveries sent (i.e. notice telling a provider that a reimbursement of Medicaid funds is needed), the OIG has scheduled around 159 annually. During the hearing process, under the old rule, a provider had the opportunity to discuss their side of the story during the hearing. If after this discussion, an agreement could not be reached, then it was sent before the Administrative Law Judge to make the final decision. The same process is followed in the new rule, but a provider now has the ability to request an agency review. This adds an additional step in the mediation process. Based upon this OIG estimates that although there isn’t a lot of additional work that would need to take place at the provider level, it may result in a few employee hours being spent by the provider. The OIG believes that the process would cost a provider $200 more. Note, when conducting the calculation, the OIG used the $200 and allocated it across the estimated hearings as if each provider would request an agency review. The OIG does not think that will take place, but for purposes of estimating conservatively, the OIG has calculated it as such. With this calculation, OIG then multiplied it by the percentage of claims reviewed as identified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The OIG does not believe there is a cost or benefit to other "persons" associated with this new rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: The OIG does not believe there will be a compliance cost associated with the implementation of this rule since Medicaid providers already comply with the provisions of this rule through contracts with Medicaid. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impacts identified in this analysis are costs already associated with the hearing process OIG has used since its inception in 2011. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gene Cottrell by phone at 801-538-6856, by FAX at 801-538-6382, or by Internet E-mail at gcottrell@utah.gov - Nathan Johansen by phone at 801-538-6455, by FAX at 801-538-6382, or by Internet E-mail at nmjohansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42695.htm No. 42696 (New Rule): R30-3. Declaratory Orders. SUMMARY OF THE RULE OR CHANGE: This rule simply updates wording for the OIG's use of declaratory orders. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule clarifies some language as defined by the declaratory proceedings. The OIG does not believe the new rule has a fiscal cost or benefit to the state budget. There may be an indirect correlation with this rule and Rule R30-2. The costs, as identified in Rule R30-2, cover any items that may be indirectly conferred in this rule. As such, the OIG does not think a clarification of the language has a fiscal cost or benefit. (EDITOR'S NOTE: The proposed new Rule R30-2 is under Filing No. 42695 in this issue, April 1, 2018, of the Bulletin.) - LOCAL GOVERNMENTS: The OIG does not believe there is a fiscal cost or savings to local governments associated with this rule. - SMALL BUSINESSES: The OIG does not believe there is a fiscal cost or savings to small businesses associated with this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The OIG does not believe there is a fiscal cost or savings to other "persons" associated with this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost associated with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact associated with this rule. It simply identifies how the OIG will use declaratory orders. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gene Cottrell by phone at 801-538-6856, by FAX at 801-538-6382, or by Internet E-mail at gcottrell@utah.gov - Nathan Johansen by phone at 801-538-6455, by FAX at 801-538-6382, or by Internet E-mail at nmjohansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42696.htm EDUCATION ADMINISTRATION No. 42697 (Amendment): R277-502. Educator Licensing and Data Retention. SUMMARY OF THE RULE OR CHANGE: These rule changes remove some specific requirements related to minimum components designed to ensure that only high- quality individuals enter the licensure program e.g. it removes a minimum GPA of 3.0, an ACT composite score of 21, and a combined SAT score of 1,000. The new language in this rule change provides flexibility by instead including measures of previous academic success and disposition for employment in an educational setting to ensure high-quality individuals enter the licensure program. These rule changes also task the Superintendent to work with Board- approved educator preparation programs, local education agencies (LEAs), and other stakeholders to establish standards for pedagogical performance assessments that will be required under Rule R277-501 no later than 01/01/2019. This rule will be superseded by Rule R277-501 on 01/01/2020. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget. It provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - LOCAL GOVERNMENTS: These rule changes are not estimated to have a fiscal impact on local governments. It provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses. It provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities. It provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with educator licensing standards set by the Utah State Board of Education and does not require any expenditures or generate any revenues for large businesses. These rule changes remove some specific requirements related to minimum components designed to ensure that only high-quality individuals enter the licensure program e.g. it removes a minimum GPA of 3.0, an ACT composite score of 21, and a combined SAT score of 1,000. This new language in the rule change provides flexibility by instead including measures of previous academic success and disposition for employment in an educational setting to ensure high-quality individuals enter the licensure program. These rule changes also task the Superintendent to work with Board-approved educator preparation programs, local education agencies (LEAs), and other stakeholders to establish standards for pedagogical performance assessments that will be required under Rule R277-501 no later than 01/01/2019. This rule will be superseded by Rule R277-501 on 01/01/2020. These rule changes also enact changes to the requirements for individuals licensed outside of the state of Utah to transfer that license to Utah. References for an out-of-state applicant to earn a level 1 or level 2 license are stricken. Instead this rule directs the Superintendent to: 1) accept scores from an applicant that meet the Utah standard for passing on assessments from licensing jurisdictions outside of Utah that utilize the same assessment as Utah as meeting the assessment requirements of Rule R277-503; 2) accept scores from an applicant on reasonably equivalent content knowledge or pedagogical assessments utilized by licensing jurisdictions outside of Utah that meet the passing standard of that jurisdiction as meeting the requirements of Rules R277-503 and R277-522; 3) accept demonstrations of content knowledge and pedagogical competencies for specific license areas or endorsements from an applicant that are utilized by licensing jurisdictions outside of Utah and reasonably equivalent to Utah competencies; and 4) individuals with four or more years of successful experience in a public or accredited private school under a standard license issued by a licensing jurisdiction outside of Utah shall be considered to have met both the content knowledge and pedagogical assessment requirements for a Utah license under this rule, Rule R277-503, and Rule R277-522. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it makes policy changes, but mainly allows for increased flexibility regarding educator licensing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42697.htm No. 42698 (Amendment): R277-508. Employment of Substitute Teachers. SUMMARY OF THE RULE OR CHANGE: This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have any fiscal impact on the state budget because it deals with the employment of substitute teachers and does not require any expenditures. - LOCAL GOVERNMENTS: These rule changes are not estimated to have any fiscal impact on local governments because it deals with the employment of substitute teachers and does not require any expenditures. - SMALL BUSINESSES: These rule changes are not estimated to have any fiscal impact on small businesses because it deals with the employment of substitute teachers and does not require any expenditures. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with the employment of substitute teachers and does not require any expenditures. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the employment of substitute teachers and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes add additional clarity by specifying that local education agencies (LEAs) shall give third priority in hiring substitute teachers with a college degree rather than stating it is desirable that a substitute hold a valid license or a college degree. These rule changes also specify that evaluation of substitutes by LEAs is periodic. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes rather than a change in policy. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42698.htm No. 42699 (Amendment): R277-521. National Board Certification Reimbursement. SUMMARY OF THE RULE OR CHANGE: These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes provide clarity for the implementation and funding of the National Board Certification reimbursement in relation to the Teacher Salary Supplement Program (TSSP) because this reimbursement is funded through an appropriation to the TSSP program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - LOCAL GOVERNMENTS: These rule changes are not estimated to have a fiscal impact on local governments, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with National Board Certification reimbursement which is funded through a state appropriation and does not require any expenditures or generate any revenues for large businesses. These rule changes provide clarity for the implementation and funding of the National Board Certification reimbursement in relation to the TSSP because this reimbursement is funded through an appropriation to the TSSP program. These changes specify that the Superintendent shall annually determine the number of educators eligible for this reimbursement based on legislative appropriation and costs associated with obtaining National Board Certification, and that costs incurred in obtaining or renewing national board certification that were previously paid or reimbursed for an educator by a third party are not eligible for reimbursement. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as this program is funded by a state appropriation and these rule changes mainly provides technical and stylistic changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42699.htm No. 42700 (Amendment): R277-532. Local Board Policies for Evaluation of Non- Licensed Public Education Employees (Classified Employees). SUMMARY OF THE RULE OR CHANGE: This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures. - LOCAL GOVERNMENTS: These rule changes are not estimated to have a fiscal impact on local governments, because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses, because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities, because it deals with local board policies for evaluation of non- licensed public education employees and does not require any expenditures. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes; the policy remains the same with school districts adopting policies in line with the standards set by the USBE for non-licensed public education employees as they do currently. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42700.htm No. 42701 (Amendment): R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions. SUMMARY OF THE RULE OR CHANGE: These rule changes provide clarity on student behavior including adding a restorative justice program as it is defined in statute, a definition for student with a qualifying offense, and clarifying that methods for correcting student behavior should be equitable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget because it deals with student behavior and discipline and does not require any expenditures or generate any revenues. - LOCAL GOVERNMENTS: These rule changes are not estimated to have a fiscal impact on local governments because it deals with student behavior and discipline and does not require any expenditures or generate any revenues. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses because it deals with student behavior and discipline and does not require any expenditures or generate any revenues. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with student behavior and discipline and does not require any expenditures or generate any revenues. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with student behavior and discipline and does not require any expenditures or generate any revenues for large businesses. These rule changes provide clarity on student behavior including adding a restorative justice program as it is defined in statute, a definition for student with a qualifying offense, and clarifying that methods for correcting student behavior should be equitable. These rule changes bring the rule in line with the changes made with the passage of H.B. 239, Juvenile Justice Amendments, during the 2017 General Session. These changes also state that local education agencies (LEAs) shall submit all required UTREx discipline data elements as part of the LEA's daily UTREx submission. LEAs should be submitting this data as part of their daily submission so this change in the rule should just ensure it gets done, but does not change current policy. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. It is not expected to have a fiscal impact on LEAs either as these changes exist either in current statute or policy. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42701.htm No. 42702 (Amendment): R277-746. Driver Education Programs for Utah Schools. SUMMARY OF THE RULE OR CHANGE: These rule changes strike the section on standards and procedures, and incorporates by reference the USBE's Driver Education Manual. Currently the manual is a draft version being updated for recodification changes. The manual is anticipated to be approved and finalized at the May Board meeting. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget because it deals with driver education programs in Utah public schools and does not require any expenditures. - LOCAL GOVERNMENTS: These rule changes are not estimated to have a fiscal impact on local governments because it deals with driver education programs in Utah public schools and does not require any expenditures. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses because it deals with driver education programs in Utah public schools and does not require any expenditures. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with driver education programs in Utah public schools and does not require any expenditures. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with driver education programs in Utah public schools and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes strike the section on standards and procedures, and incorporates by reference the USBE's Driver Education Manual. Currently, the manual is a draft version being updated for recodification changes. The manual is anticipated to be approved and finalized at the May Board meeting. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42702.htm No. 42703 (Amendment): R277-751. Special Education Extended School Year (ESY). SUMMARY OF THE RULE OR CHANGE: These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add that a free, appropriate public education may include post-secondary education in Utah. It also clarifies that extended school year (ESY) eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget because it deals with extended school year for special education and does not require any expenditures. - LOCAL GOVERNMENTS: These rule changes are not estimated to have a fiscal impact on local governments because it deals with extended school year for special education and does not require any expenditures. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses because it deals with extended school year for special education and does not require any expenditures. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with extended school year for special education and does not require any expenditures. 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 rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with extended school year for special education and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes add that a free, appropriate public education may include post-secondary education in Utah. It also clarifies that extended school year (ESY) eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes and does not alter existing practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42703.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 42676 (Amendment): R307-101-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule currently excludes ammonia as a precursor to PM2.5. This amendment updates the rule to conform with federal rules by adding ammonia as a precursor, except where a demonstration satisfying 40 CFR 51.1006(a)(3) has determined otherwise. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule amendment could have a fiscal impact on state government revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. - LOCAL GOVERNMENTS: This proposed rule amendment is not expected to have any fiscal impact on local governments' revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. - SMALL BUSINESSES: This proposed rule amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule amendment could have a fiscal impact on other individual's revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment is not expected to have any fiscal impact on individual persons. However, any fiscal cost or benefit is inestimable at this time because further studies and analysis regarding ammonia emission must be completed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to further research and analysis regarding ammonia emissions and PM2.5 precursors, the fiscal impact on businesses is currently inestimable. Upon completion of ongoing ammonia models and a thorough Best Available Control Technology analysis, the Division of Air Quality will be able to provide an accurate fiscal impact analysis on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42676.htm No. 42673 (Amendment): R307-110-12. Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide. SUMMARY OF THE RULE OR CHANGE: The purpose of this revision to the Provo Area CO Attainment-Maintenance Plan is to: 1) show continued attainment of the CO NAAQS for a second 10-year term, as required by the Clean Air Act; and 2) to adopt an alternative CO monitoring method that does not utilize the traditional gaseous analyzer to determine compliance with the NAAQS. The alternative monitoring method will utilize an annual review of the traffic volume near the current location of the North Provo monitoring station. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change may have a direct fiscal benefit on the state budget. The Division of the Air Quality will no-longer maintain a carbon monoxide air quality monitor in North Provo, and will, instead, rely on already existing Utah Department of Transportation traffic counter equipment. - LOCAL GOVERNMENTS: This rule change will not have an impact on local governments. These proposed changes do not alter previously existing requirements. The proposed changes are related to the method of monitoring carbon monoxide in Provo City. - SMALL BUSINESSES: This rule change will not have an impact on the small businesses. These proposed changes do not alter previously existing requirements. The proposed changes are related to the method of monitoring carbon monoxide in Provo City. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change will not have an impact on persons other than small businesses, businesses, or local government entities. These proposed changes do not alter previously existing requirements. The proposed changes are related to the method of monitoring carbon monoxide in Provo City. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have an impact on compliance costs for affected persons. These proposed changes do not alter previously existing requirements. The proposed changes are related to the method of monitoring carbon monoxide in Provo City. 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 amendment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 06/06/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42673.htm No. 42675 (Amendment): R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas. SUMMARY OF THE RULE OR CHANGE: Rule R307-403 has been amended to allow for regulation of PM2.5. The proposed changes include updates to definitions, clarifications concerning Lowest Achievable Emission Rate (LAER) requirements, and applicable offset requirements. Additionally, ammonia has been exempted as a PM2.5 precursor only in the Logan nonattainment area, where demonstration supporting that conclusion has been submitted to EPA. Ammonia is a precursor to PM2.5 in the Salt Lake and Provo nonattainment areas. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule amendment could have a fiscal impact on state government revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. - LOCAL GOVERNMENTS: This proposed rule amendment is not expected to have any fiscal impact on local governments revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. - SMALL BUSINESSES: This proposed rule amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule amendment could have fiscal impact on other individual's revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment is not expected to have any fiscal impact on individual persons because this rule focuses on emissions from point sources. However, any fiscal cost or benefit is inestimable at this time because further studies and analysis must be completed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: This proposed rule amendment may result in a fiscal impact to some businesses because the rule amendment adds ammonia to the emissions regulated under PM2.5. At this time, it is unknown how the change will affect businesses or which industries will be affected. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is inestimable at this time. Over ten NAICS code industries could be affected by this rule. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses, however, all affects are inestimable at this time. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: This rule amendment potentially impacts businesses that emit ammonia into areas where ammonia is determined to be a precursor to PM2.5. At this time, it is inestimable to determine source costs or savings to small businesses. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents the Division of Air Quality's best estimate as to the fiscal impact this rule amendment will have on businesses. Further studies and analysis are being conducted to determine the affects of ammonia as a precursor, and how levels will affect industries within precursor areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42675.htm WATER QUALITY No. 42692 (Amendment): R317-1-7. TMDLs. SUMMARY OF THE RULE OR CHANGE: This change incorporates by reference the completed the North Fork Virgin River TMDL for E. coli into the rule. The Water Quality Board approved initiating rulemaking to adopt this TMDL document on 02/28/2018. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated impacts to the state budget. The proposed amendment will be addressed using existing resources. - LOCAL GOVERNMENTS: All estimated costs for implementing this TMDL are associated with strategies that are voluntary. It is not anticipated that local governments will be affected. - SMALL BUSINESSES: All estimated costs for implementing this TMDL are associated with strategies that are voluntary. It is not anticipated that small businesses will be affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Best management practices implemented in the watershed since 2010 are resulting in improved water quality. It is anticipated that if those practices are well managed and maintained then water quality standards will be met. The study includes general recommendations for additional voluntary strategies and management options for reducing sources of bacteria loading in the watershed. It does not identify specific projects and locations. As such, no estimated costs for implementation were calculated. COMPLIANCE COSTS FOR AFFECTED PERSONS: All strategies are voluntary; therefore compliance costs do not apply. There are no permitted point source discharges within the watershed. All loading is nonpoint source in origin. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impacts to businesses are anticipated as a result of the TMDL. Potential strategies and management options for reducing non-point sources of pollutants are identified, but are not specifically mandated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42692.htm No. 42691 (Amendment): R317-2. Standards of Quality for Waters of the State. SUMMARY OF THE RULE OR CHANGE: In Sections R317-2-3.3 and R317-2-11, the public notice and comment periods were extended to provide the public more time to review and comment on sometimes complicated proposals. In Section R317-2-3.5, the requirement that permitted discharges to Class 1C (potable water) waters always conduct a Level II antidegradation review is proposed to be deleted. Level II antidegradation reviews are still required for permitted discharges to Class 1C waters for new permits and for any increases in concentration or effluent loads for existing permits because of previous revisions to these rules. In Section R317-2-13, the recreation uses for Mill Creek in Grand County and Utah Lake in Utah County are proposed to be changed from infrequent primary and secondary contact recreation to frequent primary and secondary contact recreation (Class 2A) because people commonly swim in these waters. This change was requested by the local watershed group and endorsed by the federal land management agency. Descriptions of the waters with site-specific criteria in Section R317-2-14 were added to Section R317- 2-13 with an asterisk identifying the affected use. These were added for the convenience of the users. This is a nonsubstantive change because no uses or criteria are revised. The Class 1C drinking water use is added to Grove and Battle Creeks in Utah County at the request of American Fork City. The affected waters are used as a source for drinking water. The aquatic life use is changed from Class 3D (waterfowl, shorebirds and their food chain) to Class 3A (cold water species of game fish, other cold water aquatic life and their food chain) based on an investigation of aquatic life present. In Table 2.14.1, deletion of the temperature-dependent criterion for fluoride for the Class 1C potable water use is proposed to be replaced with the current USEPA drinking water maximum contaminant level. The criteria for several pollutants are proposed to be moved from Table 2.14.6 to Table 2.14.1. The criteria in Table 2.14.6 are human health criteria and these pollutants do not have current USEPA human health criteria but do have USEPA maximum contaminant levels. In Table 2.14.2, the cadmium criteria for aquatic life use Classes 3A-3D are updated. The revised criteria are more stringent for the acute and less stringent for the chronic criterion when compared to the existing Utah criteria. New criteria for carbaryl, a carbamate pesticide, are proposed. Utah does not currently have any numeric criteria for carbaryl. In footnotes for Table 2.14.1, the site-specific total dissolved solids criterion for Quitchupah Creek is revised to include tributaries that were inadvertently omitted when the standard was promulgated. The water quality in one of the tributaries was misidentified as being impaired because of the omission. The site-specific total dissolved solids criterion for the Sevier River from Gunnison Bend Reservoir to Clear Lake: 3,370 mg/l is corrected to Crafts Lake because Clear Lake is not on the Sevier River. In Table 2.14.2, corrections were made to the table values for the chronic ammonia criteria, fish early life stages absent, and the acute silver criteria. The table values are based on equations in the water quality standards are unchanged. In Table 2.14.6, the human health criteria were reviewed and updated as required by federal regulations. Most of the pollutants listed in this table are affected. Some pollutants and criteria are proposed to be moved to Table 2.14.1. Pollutants listed that do not have current USEPA-recommended human health criteria or existing Utah criteria are proposed to be deleted. Criteria with available updated USEPA human health criteria are updated. The new criteria, and most of the updated criteria, are more stringent than the existing criteria; but, some are less stringent. Informational footnotes were added to Tables 2.14.1 and 2.14.2 to alert the user that criteria in Table 2.14.6 also apply to the uses in these tables (nonsubstantive change). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: For impacts that were estimable, aggregate fiscal cost savings over the next three years for the state will be $29,480. The Utah Division of Water Quality is the only constrained party for the proposed public participation revisions in Sections R317-2-3 and R317-2-11 and both the direct and indirect fiscal impacts will be neutral because the changes only extend the time required for the public comment period. The indirect fiscal impacts for other state agencies will be neutral because the length of the comment and review period should not affect the costs if these agencies choose to comment. The indirect non-fiscal impacts will inestimably be positive because the additional time provided will either have no impact or a beneficial impact by providing additional time for review and comment. The proposed revisions to Section R317-2-3 will result in indirect positive recurring fiscal impacts to the Utah Division of Water Quality because the 26 existing UPDES permits that discharge to Class 1C waters will no longer have to submit redundant Level II antidegradation reviews every 5 years at permit renewal. These reviews are estimated to require 4 hours of staff time at $90/hour for each review resulting in an annual average savings of $1,872 for the first 3 years evaluated or $9,360 over 5 years. The proposed revisions will result in direct positive fiscal impacts to the Utah Division of Wildlife Resources by avoiding the need to submit a Level II antidegradation review every 5 years at permit renewal. The cost impacts are estimated to be an annual savings of $288 over the first 3 years based on an estimated 16 hours of staff time at $90/hour or $1,440 every 5 years. The proposed changes to Section R317-2-13 will have one-time and potentially recurring indirect fiscal costs to the Utah Division of Water Quality. The one-time costs will be to update the use classifications in various internal systems. The one-time indirect fiscal impacts will be $1,400 assuming 4 hours to update each of the 4 databases at $90/hour. The proposed change in Section R317-2-13 for Mill Creek from infrequent primary and secondary contact recreation to frequent primary and secondary contact recreation will not have direct recurring fiscal or non-fiscal impacts to the Utah Division of Water Quality because the water quality support status will be unchanged. The change in use in Section R317-2-13 for Utah Lake may cause recurring indirect fiscal impacts that are inestimable. Based on the currently available data, the water quality of Utah Lake may or may not be categorized as impaired during the next or future assessment cycles which would trigger a TMDL (total maximum daily load) investigation which would have recurring indirect fiscal impacts. These impacts are unknown because the impairment and potential sources of the impairment cannot currently be identified. The proposed addition of the Class 1C potable water use in Section R317-2-13 to Battle and Grove Creeks will have inestimable indirect non-fiscal benefits for the Division of Drinking Water because they supported the change to protect these creeks as drinking water sources. The proposed changes in Section R317-2-14 will have one-time indirect fiscal impacts to the Utah Division of Water Quality. These one-time impacts will be to update the use classifications in various internal systems. The one-time indirect fiscal impact will be $2,800 assuming 8 hours to update each of the 4 databases at $90/hour. The proposed change for the Quitchupah Creek site-specific total dissolved solids criterion in Table 2.14.1 will have recurring indirect fiscal benefits to the Utah Division of Water Quality. With the change, the Division will avoid the need for follow-up sampling and analyses to investigate a tributary to Quitchupah Creek that was inadvertently omitted from the previously promulgated site-specific total dissolved solids standard. Fiscal benefits will be $10,000/yr based on 80 hours of staff time at $90/hour and $2,800 in direct costs for transportation lodging and laboratory analyses. - LOCAL GOVERNMENTS: For impacts that were estimable, aggregate fiscal cost savings over the next three years for local governments will be $12,672. The indirect fiscal impacts for local governments of the proposed public participation revisions in Sections R317-2-3 and R317-2-11 will be neutral because the length of the comment and review period should not affect the costs if they choose to comment. The indirect non-fiscal impacts with be inestimably positive because the additional time provided will either have no impact or a beneficial impact by providing additional time for review and comment. The proposed revisions to Section R317-2-3.5 will result in direct cost savings by avoiding the need to submit a Level II antidegradation review every 5 years at permit renewal for 11 Utah Pollution Discharge Elimination System permits. The impacts will be an annual savings of $384 per permit for 11 permits based on an estimated 16 hours of staff time at $120/hour every 5 years. The annual savings is $4,224 each year or $12,672 for 3 years and $21,120 over 5 years. For the City of American Fork, Indirect inestimable non-fiscal savings are anticipated for the use changes to Grove and Battle Creeks because American Fork City requested the change and the changes will assist in protecting their potable water source. The proposed revisions to Table 2.14.6 are neutral because to no local government currently has limits for these pollutants and this status is not expected to change. The proposed revision to Table 2.14.2 to change to less stringent chronic cadmium criteria may have indirect positive impacts to Park City but these impacts are inestimable. Cadmium concentrations will still require treatment under the new criteria but the cost of treatment may decrease. Park City is not currently meeting the cadmium treatment requirements because of economic hardship and the change in criteria will not affect treatment requirements over the next three years. - SMALL BUSINESSES: For impacts that were estimable, aggregate fiscal cost savings over the next 3 years for small businesses will be $3,456. For the proposed public participation revisions, small businesses are not constrained parties. The indirect fiscal impacts for small businesses will be neutral because the length of the comment and review period should not affect the costs if they choose to comment. The indirect non-fiscal impacts with be inestimably positive because the additional time provided will either have no impact or a beneficial impact by providing additional time for review and comment. The proposed revisions to Section R315-2-3.5 will result in direct positive fiscal impacts by avoiding the need to submit a Level II antidegradation review every 5 years at permit renewal for 3 permittees. The savings will be $1,920 384 per permit based on an estimated 16 hours of staff time at $120/hour every 5 years. Over 5 years, the 3 permittees will save $5,760 or $1,152 annually and $3,456 over 3 years. For the proposed revisions to Grove, Battle, and Mill Creeks in Section R317-2-13, no small businesses will be impacted because no discharge permits are issued for these waters. For the proposed classification change for Utah Lake in Section R317-2-13, the fiscal impacts to eight publicly-owned treatment plant permittees will be neutral because the discharge requirements will not be affected because the discharges are already meeting the new numeric criteria associated with the proposed change in use. Indirect non-fiscal impacts are possible for the three livestock operators identified in the Utah Department of Workforce Services Firm Find but these impacts are inestimable. For any impacts to occur, the water quality of Utah Lake would have to be impaired for E. coli under the changed use but not the existing use designation, a future total maximum daily load would have to conclude that these specific agricultural sources are a significant contributor to the impairment, and the owners would have to elect to voluntarily implement best management practices to address these sources. The proposed changes to Section R317-2-14 result in more stringent criteria for benzene, benzo(a)pyrene, and some phenols which are limited to one discharge permit. The proposed changes have the potential to result in indirect negative fiscal impacts but the potential and magnitude are inestimable. A waste load allocation needs to be evaluated to determine if and how much permit limits for these pollutants will change. Resulting changes to the permit limits may require different or additional water treatment but absent an engineering study, the impacts and associated costs are inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: For impacts that were estimable, aggregate fiscal cost savings over the next 3 years for these persons will be $1,152. For the proposed public participation revisions, these persons are not constrained parties. Indirect fiscal impacts for these persons will be neutral because the length of the comment and review period will not affect the costs if they choose to comment. The indirect non-fiscal impacts with be inestimably positive because the additional time provided will either have no impact or a beneficial impact by providing additional time for review and comment. The proposed revisions to Section R317-2-3 will result in direct positive fiscal impacts by avoiding the need to submit a Level II antidegradation review every 5 years at permit renewal for Capitol Reef National Park. The impacts will be an annual savings of $384 based on an estimated 16 hours of staff time at $120/hour every 5 years. The savings over 3 years will be $1,152 and $1,920 over 5 years. The proposed revisions to Section R317-2-14 may result in inestimable indirect cost to other persons that discharge wastewater to publicly-owned treatment works. These persons may be subject to additional pretreatment requirements imposed by the treatment works or the Division of Water Quality to ensure that the treatment works comply with their permit limits. The potential indirect costs are inestimable because no readily available data regarding the specific pollutants or current or potential future pretreatment limits are available. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impacts of these proposed revisions will result in modest cost savings for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 04/11/2018 06:00 PM, UDEQ, 195 N 1950 W, Salt Lake City, UT - 04/13/2018 05:00 PM, Uintah County Library, Vernal, UT - 04/16/2018 06:00 PM, Grand County Library, Moab, UT - 04/17/2018 06:00 PM, Washington County Library, St. George, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42691.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42684 (Amendment): R392-100. Food Service Sanitation. SUMMARY OF THE RULE OR CHANGE: In Section R392-100-2, added definitions for "Food Cart", "Food Truck", and "Ice Cream Truck". In Section R392-100-3, included a statement that food trucks are exempt from the requirements of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amending Rule R392-100 will likely not result in a cost or benefit to the state budget due to the state not directly permitting or regulating food trucks, nor will this change the current work load for state employees. - LOCAL GOVERNMENTS: Amending Rule R392-100 will likely not result in a cost or benefit to local governments. The 13 local health departments will not change how food trucks are regulated due to these changes. Food trucks will just be addressed in a separate rule, but all the same current practices will still be in place. - SMALL BUSINESSES: Amending Rule R392-100 will likely not result in a cost or benefit to small businesses. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. These 76 businesses operate in the state under the NAICS code of 722330. These businesses will still be held to the same standards under which they currently operate, just not under this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change to Rule R392-100 is not expected to have a fiscal impact on other individuals revenues or expenditures because it only affects those persons who meet the definition of a food truck. This change does not directly affect organizations, groups, or associations having to do with food trucks as defined. COMPLIANCE COSTS FOR AFFECTED PERSONS: State agency affected is the Utah Department of Health (Department). Local governments affected are 13 local health departments. Small businesses affected are 76 businesses identified as food truck operations. There are no persons other than small businesses, business, or local government entities identified in Utah that will be impacted by these changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment defines a food truck, food cart, and ice cream truck and then exempts them from this rule in order to be governed by the new Rule R392-102, Food Truck Sanitation, will be published for comments simultaneously. The Department originally published a proposed amendment to this rule in the December 1, 2017, Utah State Bulletin. However, based on the comments submitted to the Department, the program has chosen to make changes to the proposed amendments. These changes to the proposed amendment are substantive, therefore the Department must republish and seek comment on the new version of the proposed amendments. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. These 76 businesses operate in the state under the NAICS code of 722330. These businesses will still be held to the same standards under which they currently operate, just not under this rule. Therefore, the proposed amendments will likely not result in a cost or benefit to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42684.htm No. 42685 (New Rule): R392-102. Food Truck Sanitation. SUMMARY OF THE RULE OR CHANGE: This rule requires a food truck operator to adhere to uniform statewide standards for constructing, operating, and maintaining a food truck in a manner that safeguards public health and ensures that food is safe, unadulterated, and honestly presented when offered to the consumer. This rule sets uniform standards for the operation and regulation of food trucks. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enacting Rule R392-102 will likely not result in a fiscal impact to the state budget due to the state not directly permitting or regulating food trucks, nor will this change the current work load for state employees. - LOCAL GOVERNMENTS: Enacting Rule R392-102 will likely result in a direct fiscal cost of $1,150 per year individually to local governments, particularly to the 13 local health departments, due primarily to a loss of revenue previously generated from fees for permits, plan reviews, and inspections. No other costs to local governments are anticipated. The aggregate annualized fiscal cost to local governments is anticipated to be approximately $15,000. - SMALL BUSINESSES: Enacting Rule R392-102 will likely result in a direct fiscal benefit to small businesses due to proposed changes in permit fees, as well as uniform standards for the operation and regulation of food trucks, inspections, plan reviews, construction, sanitary operations, and equipment requirements, as well as simplification of the process of obtaining additional permits. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. These 76 businesses operate in the state under the NAICS code of 722330. The approximate expected benefit to each affected small business in the first year after implementation of this proposed rule is $1,325 with an ongoing savings of $1,325 for each year thereafter. The aggregate annualized fiscal benefit to small business is anticipated to be approximately $100,700. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to have fiscal impacts on persons other than small businesses because all of the affected persons are small businesses. For the purposes of fiscal analysis of this proposed rule, the Department of Health (Department) considered individual food truck owners as self-employed small business owners. This proposed rule does not contain any fiscal or regulatory requirements for food truck associations, leagues, or other private food truck organizations. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this proposed rule seeks to simplify the process of obtaining additional food truck permits, and because it will likely result in a fiscal benefit to food truck operators, some non- mobile food service establishments may experience an indirect fiscal impact. However, the fiscal cost to non-mobile food service businesses is inestimable because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is proposed in accordance with S.B. 250 passed in the 2017 General Session and in consultation with local health departments. Previously, food trucks were generally governed by Rule R392-100. S.B. 250 required local governments to establish a truck/card licensing process; reciprocity in fees, permits and inspection; address food truck/cart events that require permitting; and the creation of a Utah Fire Prevention Board with authority to inspect food trucks/carts. Local health departments, in cooperation with the Department, determined that the best way to comply with the statutory requirements was to support an administrative rule adopted by the Department that could be uniformly followed by all affected local governments and municipalities. Small business food truck operators will benefit fiscally from this rule because it simplifies the permitting process and sets uniform standards for the operation and regulation of food trucks, inspections, plan reviews, construction, sanitary operations, and equipment requirements. The Department originally published the proposed rule in the December 1, 2017, Utah State Bulletin. However, based on the comments submitted to the Department, the program has chosen to make changes to the proposed rule. The changes to this proposed rule are substantive, therefore the Department must republish and seek comment on this new version of the proposed rule. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. Small business food truck operators will benefit fiscally from this rule because it simplifies the permitting process and there is no relevant available data applicable to other types of businesses which do not operate food trucks. The approximate expected benefit to each affected small business in the first year after implementation of the proposed rule is $1,325 with an ongoing savings of $1,325 for each year thereafter. The aggregate annualized fiscal benefit to small businesses is anticipated to be approximately $100,700. (EDITOR'S NOTE: The proposed Rule R392-102 that was under Filing No. 42321 published in the December 1, 2017, Bulletin has been allowed to lapse.) INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42685.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42635 (New Rule): R414-519. Settings for Home and Community-Based Services. SUMMARY OF THE RULE OR CHANGE: This new rule implements setting requirements for HCBS that enforce and protect individual initiative, autonomy, and independence. These provisions also promote better living conditions and accessibility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Health anticipates costs in transportation, case management, patient accessibility, provider training, compliance, and costs associated with assisted living facilities. Nevertheless, there is not sufficient nor cost effective data available to determine what those expenses will be. - LOCAL GOVERNMENTS: Local governments will see increased costs in utilization for hourly case management services (specifically for area agencies on aging). Nevertheless, there is not sufficient nor cost effective data available to determine what those expenses will be. - SMALL BUSINESSES: There are both costs and revenue associated with this federal requirement in the areas of transportation, case management, patient accessibility, provider training, compliance, and effects on assisted living facilities. Nevertheless, there is not sufficient nor cost effective data available to determine what those costs and revenue will be. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are both costs and revenue associated with this federal requirement in the areas of transportation, case management, patient accessibility, provider training, compliance, and effects on assisted living facilities. Nevertheless, there is not sufficient nor cost effective data available to determine what those costs and revenue will be. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single participant, business, assisted living facility, or Medicaid provider will see costs associated with this federal requirement in the areas of transportation, case management, patient accessibility, provider training, and compliance. Nevertheless, there is not sufficient nor cost effective data available to determine what those costs will be. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are both costs and revenue associated with this federal requirement in the areas of transportation, case management, patient accessibility, provider training, compliance, and effects on assisted living facilities. Nevertheless, there is not sufficient nor cost effective data available to determine what those costs and revenue will be. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42635.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 42636 (Repeal and Reenact): R510-200. Long-Term Care Ombudsman Program Policy. SUMMARY OF THE RULE OR CHANGE: The updated rule is a combination of the old rule along with the ombudsman policy and procedures, new federal regulations, and the revised Older Americans Act. The primary reason for this change is to meet federal requirements. Items have become more detailed and provide further clarification including: qualifications of ombudsman certification; individual and organizational conflicts of interest; legal counsel; intake, investigation, and complaint processing; and confidentiality. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The updates are to comply with federal statute and will not create new costs or savings. - LOCAL GOVERNMENTS: This change does not create new costs or savings to the local Long-Term Care Ombudsman Program. - SMALL BUSINESSES: The change does not impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No other organizations or individuals will be fiscally affected. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for the clients served nor for the facilities where they reside. 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 repeal and reenactment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42636.htm RECOVERY SERVICES No. 42638 (New Rule): R527-303. Automatic Payment Withdrawal. SUMMARY OF THE RULE OR CHANGE: The first section of this rule provides the authority of the Office of Recovery Services (ORS) to create rules pursuant to Sections 62A-1-111 and 62A-11-107, as well as pursuant to Subsection 62A- 11-703(6) requiring rules on how ORS will determine the eligibility of an obligor to make child support payments to ORS via automatic payment withdrawal. (While the statute has been in place for several years, the technology changes allowing this alternative payment method will finally be implemented in spring of 2018.) The second section explains that pursuant to Section 62A-11-703, ORS may enter into an agreement with an obligor to automatically withdraw from an obligor's account at a financial institution a specified dollar amount on a specified date(s) each month, via electronic funds transfer, for payment of the obligor's child support obligation. This section outlines the criteria established by ORS which must be met for a case to qualify for automatic payment withdrawal. Finally, this section allows the ORS Director discretion to terminate any agreement for abuse or cause. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on state government revenues or expenditures, because this rule outlines the qualifications for an individual parent to pay child support via electronic funds transfer in lieu of income withholding. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local government revenues or expenditures, because administrative rules of the Office of Recovery Services (ORS) do not apply to local governments. - SMALL BUSINESSES: This proposed rule is not expected to have any fiscal impact on small businesses revenues or expenditures, because this rule outlines the qualifications for an individual parent to pay child support via electronic funds transfer in lieu of income withholding. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities because this rule outlines the qualifications for an individual parent to qualify to pay child support via electronic funds transfer in lieu of income withholding. Payment via electronic funds transfer in lieu of income withholding is an option available to paying parents if they choose, not a requirement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this rule as this rule outlines the qualifications for an individual parent to pay child support via electronic funds transfer in lieu of income withholding. 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 not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42638.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42670 (Amendment): R746-1-201. Complaints. SUMMARY OF THE RULE OR CHANGE: This minor clarification to the Public Service Commission's rule on complaints against a utility should streamline the process for both complainants and utilities. This rule amendment prevents any potential need to adjudicate a complaint twice. It clarifies the separate roles of the Division of Public Utilities, to provide an informal dispute resolution process, and the Public Service Commission, to adjudicate a dispute that cannot be resolved informally. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to local governments. - SMALL BUSINESSES: Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this clarification only streamlines the current complaint process for all involved, there should be no compliance cost to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This minor clarification to the Public Service Commission's rule on complaints against a utility should streamline the process for both complainants and utilities. This rule amendment prevents any potential need to adjudicate a complaint twice. It clarifies the separate roles of the Division of Public Utilities, to provide an informal dispute resolution process, and the Public Service Commission, to adjudicate a dispute that cannot be resolved informally. Because this clarification only streamlines the current complaint process for all involved, there should be no compliance cost to affected persons. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42670.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 42678 (Amendment): R850-40. Easements. SUMMARY OF THE RULE OR CHANGE: The current rule requires a 90-day notice and advertising period for a party claiming a temporary easement to acquire a permanent easement. By amending this to a 30-day notice and advertising period, adequate time is provided for interested parties to submit a road claim prior to temporary easements, or rights of entry across trust property are extinguished while allowing the agency to transact business on behalf of its beneficiaries in a more timely manner. The requirement to file a written notice prior to entering a trust parcel to perform a survey for an easement is unnecessary and is being repealed as it provides little to no benefit to any of the parties. The easement assignment fee requirement is being amended to facilitate assignments that are made for no money consideration between certain individuals or within a restructured company. The final change is to remove the requirement for an administrative fee to be paid every three years throughout the term of an easement as a means for the agency to determine abandonment of the easement. The agency no longer issues easements for terms longer than 30 years, except in specific exceptions, therefore, the need to determine abandonment is rarely necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be a very minimal cost to the state budget as a result of these amendments due to removing the requirement for a permittee to submit an administrative fee every three years throughout the term of the easement. Since this fee is as little as $10 per easement, the savings in staff time to monitor this activity will probably outweigh the loss of the fee. - LOCAL GOVERNMENTS: Local governments will only be affected if they have an easement across trust lands. Easements owned by local governments are usually permanent and there is little likelihood that the easement will be abandoned. The savings to local governments will be very minimal considering the small amount of the administrative fee that has been required every three years. - SMALL BUSINESSES: Any savings to small businesses with an easement over trust lands would be very minimal as a result of removing the administrative fee requirement as the amount is so small and required only every three years. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Any savings to persons other than small businesses, businesses, or local government entities with an easement over trust lands would be very minimal as a result of removing the administrative fee requirement as the amount is so small and required only every three years. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as a result of these amendments being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any fiscal impact on businesses will be to their benefit. Certain nominal fees will be eliminated, along with administrative costs in paying those fees. Certain assignments of easements will be less costly because these proposed rule amendments do not create any additional requirements. Therefore, there will be no additional costs to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42678.htm No. 42677 (Amendment): R850-50. Range Management. SUMMARY OF THE RULE OR CHANGE: The amendment to Subsection R850-50-400(2)(a) is to clarify that if the agency determines there is a valid reason for a formerly permitted property to not be available for grazing purposes, the agency is not required to post the property on the agency's website by January 1 of the year in which the permit will terminate or the year following. Amendments to Subsection R850-50-600(2) provide clarity to the rule to make it consistent with the language in the agency's standard grazing permit. Other technical changes have been made to bring consistency of terms throughout this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no costs or savings to the state budget as a result of these amendments as they don't affect any monetary considerations. - LOCAL GOVERNMENTS: It is not anticipated that there will be any cost or savings to local governments as there are no monetary considerations affected by these amendments. - SMALL BUSINESSES: It is not anticipated that there will be any cost or savings to small businesses as there are no monetary considerations affected by these amendments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that there will be any cost or savings to persons other than small businesses, businesses, or local government entities as there are no monetary considerations affected by these amendments. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs for affected persons as a result of these amendments as they are not monetary in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Although the agency performed a comprehensive rewrite of its grazing rules two years ago, a discrepancy in the language of our grazing permits and our rules was recently identified. These proposed changes to this rule will provide the necessary consistency we intended. The balance of the changes are largely technical in scope. These changes will ensure the agency's ability to manage trust lands in the best interest of our beneficiaries and will not have any fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42677.htm TRANSPORTATION ADMINISTRATION No. 42688 (Amendment): R907-80. Disposition of Surplus Land. SUMMARY OF THE RULE OR CHANGE: This change is to increase the options available to the Department and alter the procedures the Department follows when selling or exchanging surplus real property. It adds authority the Department requires when it determines online or web-based auction sites or applications will best serve the needs of the Department; provides the Department authority to engage an agent or broker to assist in sales or exchanges; adds a definition for "bidder"; reworks the procedure the Department must follow when a holder of a first right of refusal has a claim; provides a procedure for dealing with multiple offers when conducting negotiated sales; eliminates several unnecessary sub-sections; makes several technical changes; and adds several checks to the procedures. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate any costs to the state budget. This change does not require the Department to do anything that requires an additional expenditure. The Department is proposing this amendment in hopes of gaining additional net revenue from the sale of its surplus real property. However, the actual cost, saving, or additional revenue that results because of this amendment is prospective, speculative, and impossible to quantify. - LOCAL GOVERNMENTS: The Department does not anticipate any costs to local governments. This change does not require local governments to do anything that requires an additional expenditure, and it does not provide any presently tangible benefits to local governments. - SMALL BUSINESSES: The Department does not anticipate any costs to small businesses. This change does not require small businesses to do anything that requires an additional expenditure, and it does not provide any presently tangible benefits to small businesses. Some small businesses that are real estate brokerages may benefit from this rule change by having additional opportunities to compete for contracts with the Department, but any such opportunities are prospective and speculative. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate any costs to persons other than small businesses, businesses, or local government entities. This change does not require persons other than small businesses, businesses, or local government entities to do anything that requires an additional expenditure, and it does not provide any presently tangible benefits to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons, nor will there be compliance costs for affected persons. This proposed amendment changes existing procedures to provide additional opportunities to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change will not have any fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42688.htm OPERATIONS, CONSTRUCTION No. 42690 (Amendment): R916-2. Prequalification of Contractors. SUMMARY OF THE RULE OR CHANGE: In addition to the technical changes, these proposed rule amendments make, these amendments attempt to clarify the requirements for contractors seeming to pre-qualify to compete for contracts with the Department of Transportation (Department). The amendments also add a requirement that contractors seeking prequalification have an average contractor rating over the past 5 projects of 70% or higher, and restate the requirements for bidding as a one-time joint venture and a continuing joint venture. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate any costs to the state budget. These changes do not require the Department to do anything that requires an additional expenditure. The Department is proposing these amendments in hope of making its prequalification process more efficient and effective. Any savings to the Departments budget these proposed amendments may cause are prospective and speculative. - LOCAL GOVERNMENTS: The Department does not anticipate any costs to local governments. These changes do not require local governments to do anything that requires an additional expenditure, and they do not provide any presently tangible benefits to local governments. - SMALL BUSINESSES: The Department does not anticipate any costs to small businesses. These changes do not require small businesses to do anything that requires an additional expenditure, and they do not provide any presently tangible benefits to small businesses. These proposed amendments attempt to clarify and streamline requirements in the existing rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate any costs to persons other than small businesses, businesses, or local government entities. These changes do not require persons other than small businesses, businesses, or local government entities to do anything that requires an additional expenditure, and they do not provide any presently tangible benefits to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons, nor will there be compliance costs for affected persons. These proposed amendments change existing procedures to provide additional opportunities to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change will not have any fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42690.htm OPERATIONS, TRAFFIC AND SAFETY No. 42689 (Amendment): R920-6. Snow Tire and Chain Requirements. SUMMARY OF THE RULE OR CHANGE: This amendment changes the definition from Commercial/Bus/Recreational vehicle to vehicles over 12,000 GVW. This definition matches left lane restrictions for heavy vehicles and is more descriptive. This change is likely to have little net effect since the visual cues used by law enforcement to identify these vehicles will not change. Changes to allowed traction devices as follows: All Vehicles - the rule expands traction options, allowing drivers to pick the one that meets the owners needs. Since chains are relatively inexpensive, this will not likely change out-of-pocket costs significantly, but some drivers will be able to substitute traction devices. Removes the M/S designation from being acceptable for two-wheel drive vehicles. 3PMSF tires still allowed. This amendment will require two-wheel-drive vehicles that in the past had M/S tires to either buy chains or 3PMSF tires. This is the biggest increase in cost. Changes affecting AWD/4WD: clarifies requirements - no significant change from prior rule. Changes when chains are required - existing rule requires chains in the vehicle between October 1 and April 30. This amendment requires operators to have traction devises in the vehicle when UDOT or the Utah Highway Patrol (UHP) has determined that conditions warrant them, and the traction devices must be mounted, not just in the vehicle. This means that travelers who choose to avoid inclement weather are not required to buy traction devices. This should be a minor reduction in statewide costs. This change accommodates chain restrictions for heavy vehicles only. Certain segments of road that previously required chains will not require traction devices on all passenger cars/light trucks. This amendment makes several changes with minor effects - mostly to reduce cost, and one significant cost increase, which is for non-AWD/4WD vehicles traveling during storms. This amendment requires these vehicles to have traction devices installed or proper snow tires. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: UDOT believes this rule change should lead to reduced costs to the state budget because it will be less burdensome for the Department of Public Safety, local law enforcement, and UDOT to enforce. The amount of these cost savings is not quantifiable now because it is speculation. - LOCAL GOVERNMENTS: UDOT believes this rule change should lead to reduced costs for local governments because it will be less burdensome for the local governments' law enforcement agencies to enforce. The amount of these cost savings to local governments is not quantifiable now because it is speculation. - SMALL BUSINESSES: UDOT believes this rule change should lead to reduced costs for small businesses because they are less likely to need traction devices on their passenger vehicles, and the traction devices that are required for commercial trucks allowed by this rule are less costly than the devices required under the present rule. The amount of these cost savings to small businesses is not quantifiable now because it is speculation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: UDOT believes this rule change should lead to reduced costs for persons other than small businesses, businesses, or local government entities because they are less likely to need traction devices on their passenger vehicles, and the traction devices that are required for larger and commercial-type trucks allowed by this rule are less costly than the devices required under the present rule. The amount of these cost savings is not now quantifiable because it is speculation. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by this rule change will be individuals and businesses that need to travel on roads where vehicle travel is restricted due to adverse weather conditions, predominantly in canyons and high mountain passes. Compliance costs for outfitting a passenger vehicle with traction devices when they are required will be in the range of approximately $30 to $60 per vehicle. Compliance costs for outfitting a commercial truck with traction devices when they are required will be in the range of approximately $150 to $300 per vehicle. These may be one-time costs, or these costs may be experienced multiple times as the traction devices wear out or are damaged. Moreover, many businesses and individuals may not experience these costs at all. Vehicles with all-wheel or four-wheel drive with all-weather tires may not need to purchase traction devices. Summary of approximate aggregate costs for businesses: The Department of Workforce Services (DWS) lists approximately 97,600 businesses operating in Utah and registered with DWS. Of this number, approximately 94,047 are small businesses, which are considered by the applicable statute to be those businesses with less than 50 employees. This leaves 3,553 businesses that are are not small businesses, or those businesses with 50 or more employees. If this rule change were to require every business registered with DWS to buy traction devices for one passenger vehicle and one commercial truck the total cost would be approximately $2,928,000 to $5,856,000 for passenger vehicles and $14,640,000 to $29,280,000 for commercial trucks, or $17,550,000 to $35,136,000 total. If this rule change were to require every small business registered with DWS to buy traction devices for one passenger vehicle and one commercial truck the total cost would be approximately $2,821,410 to $5,642,820 for passenger vehicles and $14,107,050 to $28,214,100 for commercial trucks, or $16,928,460 to $33,856,920 total. If this rule change were to require every non-small business registered with DWS to buy traction devices for one passenger vehicle and one commercial truck the total cost would be approximately $106,590 to $213,180 for passenger vehicles and $532,950 to $1,065,900 for commercial trucks, or $639,540 to $1,279,080 total. However, all of these figures are estimates and are speculation. UDOT provides the figures only to provide an idea of what actual costs may be. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Most businesses should realize reduced costs because of this rule change. However, this rule change may lead to increased costs for some businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42689.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 42693 (Amendment): R986-600. Workforce Innovation and Opportunity Act. SUMMARY OF THE RULE OR CHANGE: Under the Training and Workforce Improvement Act, Section 35A-5-101 et seq., the Department of Workforce Services (Department) is granted authority to apply for retraining, community assistance, and technology transfer funds made available by the federal government. Under the same Act, the Department also has specific authority to contract with eligible education and training providers to implement the state workforce services plan. Federal funds for these purposes are made available to the states through Title I the federal Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. 3101 et seq., and its accompanying regulations, 20 CFR Part 677. In compliance with these authorities, the Department maintains the ETPL, which lists all training providers eligible to receive Title I funding for vocational and similar training programs within the state. The Department has determined that several aspects of existing Department policy and practice in relation to the ETPL program should be enacted in rule in order to have the force of law for enforcement purposes. Specifically, the proposed rule formalizes the initial and continuing eligibility criteria that were previously contained solely in the "terms and conditions" between the Department and each provider. This proposed rule amendment also formalizes the Department's existing positions regarding the requirement that ETPL funds wrongly or fraudulently paid to a provider must be repaid, and the application of ETPL standards to successor training providers and contractors and subcontractors of training providers. In addition, the proposed amendment formalizes the criteria and timeframes for suspension or disqualification from the ETPL as they exist in Department policy and in compliance with 20 CFR 677. Further, the proposed amendment clarifies that training provider appeals from Department decisions may be heard by Administrative Law Judges and reviewed by the Department as part of its general administrative review process for public assistance cases. Previously, such appeals were to be heard by the State Workforce Development Board or its designee; the Board had, as a matter of practice, always designated an Administrative Law Judge within the Department to hear these appeals. The proposed amendment clarifies that this will be the official procedure for such appeals going forward. The Department has authority for this rulemaking pursuant to Section 35A-1-104. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No costs or savings are anticipated to the state budget because this proposed amendment codifies and clarifies existing Department policy, procedure, and practice and does not require any new expenditure of funds. - LOCAL GOVERNMENTS: No costs or savings are anticipated to local government because the ETPL program is a state-level program and the state does not require any local government entities to hold hearings or otherwise engage in enforcement efforts, and because this proposed amendment codifies and clarifies existing Department policy, procedure, and practice and does not require any new expenditure of funds. - SMALL BUSINESSES: No costs or savings are anticipated to small businesses because this proposed amendment codifies and clarifies existing Department policy, procedure, and practice and does not require training providers or others to comply with requirements beyond those already being enforced by the Department. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No costs or savings are anticipated to persons other than small businesses, businesses, or local government entities because this proposed amendment codifies and clarifies existing Department policy, procedure, and practice and does not require training providers or others to comply with requirements beyond those already being enforced by the Department. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs or savings are anticipated for affected persons because this proposed amendment codifies and clarifies existing Department policy, procedure, and practice and does not require training providers, or others, to comply with requirements beyond those already being enforced by the Department. 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 amendment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42693.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. CORRECTIONS ADMINISTRATION No. 42637 (5-year Review): R251-114. Offender Long-Term Health Care - Notice. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to define the UDC policy for a consistent format and procedure of notification to facilities, and the public, when a chronically or terminally ill offender is placed in an assisted living or nursing care facility by the UDC, and provide a training program for facility residents and employees to help ensure safety. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gehrke by phone at 801-545-5617, or by Internet E-mail at sgehrke@utah.gov EFFECTIVE: 03/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42637.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 42639 (5-year Review): R307-102. General Requirements: Broadly Applicable Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-102 was amended on time since the last five-year review. In 2015, the rule was amended to replace the word "contaminant" with "pollutant." No comments were received during the public comment period of the rule amendment. Rule R307-102 is needed to specify the conditions for issuing variances, for confidentiality of information submitted, and to require that information be made available to the Air Quality Board. In addition, Rule R307-102 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42639.htm No. 42640 (5-year Review): R307-107. General Requirements: Breakdowns. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Typically, startups and shutdowns in industrial operations cause more emissions of air pollutants than are emitted during normal operations. Breakdowns in processing equipment can cause excess emissions. This rule is needed to ensure that excess emissions are promptly reported so that the Division of Air Quality can take action to protect public health and require that the operator do everything possible to reduce excess emissions. In addition, this rule is part of Utah's State Implementation Plan and cannot be deleted without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42640.htm No. 42641 (5-year Review): R307-115. General Conformity. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-115 is required by 40 CFR Part 93, Subpart B. In addition, Rule R307-115 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42641.htm No. 42642 (5-year Review): R307-123. General Requirements: Clean Fuels and Vehicle Technology Grant and Loan Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Air Quality Board created Rule R307-123 to specify the requirements of the program as outlined in Sections 19-1-401 through 19-1-405. This rule defines certification criteria and proof of purchase requirements for eligible technology. Rule R307-123 allows the Division of Air Quality to administer this program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42642.htm No. 42643 (5-year Review): R307-170. Continuous Emission Monitoring Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-170 ensures that large sources of air pollution do not exceed emission limits for air pollutants that are harmful to human health. In addition, Rule R307-170 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42643.htm No. 42644 (5-year Review): R307-208. Outdoor Wood Boilers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-208 has not been amended since adoption. Rule R307-208 is needed to prohibit sales of outdoor wood boilers in PM nonattainment and maintenance areas, helping the state attain the PM2.5 National Ambient Air Quality Standards. Additionally, the rule minimizes the emission of PM2.5 from existing outdoor wood boilers. Rule R307-208 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42644.htm No. 42645 (5-year Review): R307-220. Emission Standards: Plan for Designated 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 R307-220 is required by 42 U.S.C. 7411(d) (Clean Air Act 111(d)). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42645.htm No. 42646 (5-year Review): R307-221. Emission Standards: Emission Controls for Existing Municipal Solid Waste Landfills. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-221 is required by 40 CFR 60.30c through 60.36c. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42646.htm No. 42647 (5-year Review): R307-222. Emission Standards: Existing Incinerators for Hospital, Medical, Infectious Waste. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-222 is required by 40 CFR Part 60, Subpart Ce and the Clean Air Act, 42 U.S.C. 7411(d). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42647.htm No. 42648 (5-year Review): R307-223. Emission Standards: Existing Small Municipal Waste Combustion Units. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-223 is required by 40 CFR Part 60, Subpart BBBB. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42648.htm No. 42649 (5-year Review): R307-224. Mercury Emission Standards: Coal-Fired Electric Generating Units. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-224 is necessary to reduce the emission of mercury through coal- fired electrical generation units. The federal courts are still hearing Michigan et al. v. Environmental Protection Agency; therefore, it is necessary to keep Rule R307-224. If, at the conclusion of Michigan v. EPA, the Mercury and Air Toxic Standards remain, staff or the Air Quality Board may take actions to repeal the current rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42649.htm No. 42650 (5-year Review): R307-250. Western Backstop Sulfur Dioxide Trading Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-250 is required to implement the provisions of the State Implementation Plan (SIP), Section XX, the Regional Haze Plan, required under 40 CFR Part 51, Subpart P. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42650.htm No. 42651 (5-year Review): R307-303. Commercial Cooking. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-303 was amended one time since the rule was created. In 2015, the rule was amended, changing the word "contaminants" to "pollutants". Rule R307-303 is needed to restrict chain driven charbroilers from emitting uncontrolled PM2.5 and VOC emissions. Rule R307-303 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42651.htm No. 42652 (5-year Review): R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-312 was amended one time since the rule was created. In 2016, the rule was amended to clarify which records would be used to determine production. Rule R307-312 is needed to establish RACT controls in aggregate processing operations emitting PM2.5. Rule R307-312 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42652.htm No. 42653 (5-year Review): R307-342. Adhesives and Sealants. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-342 was amended one time since the rule was adopted. In 2014, the rule was amended to exempt the Department of Defense (DOD) contractors throughout the state who must meet DOD military specifications for adhesive and sealants used in much of their products sold to the United States Armed Forces. Rule R307-342 is needed to specify the specific emission limits and controls necessary for VOCs in the manufacturing of adhesives and sealants, which are precursors to the formation of PM2.5. In addition, Rule R307-342 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42653.htm No. 42654 (5-year Review): R307-344. Paper, Film, and Foil Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-344 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-344 is needed to establish RACT controls in the paper, film, and foil coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-344 is a component of Utah's State Implementation Plan (SIP), and cannot be removed fro the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42654.htm No. 42655 (5-year Review): R307-345. Fabric and Vinyl Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-345 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-345 is needed to establish RACT controls in the fabric and vinyl coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-345 is a component of Utah's State Implementation Plan (SIP), and cannot be removed fro the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42655.htm No. 42656 (5-year Review): R307-346. Metal Furniture Surface Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-346 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-346 is needed to establish RACT controls in the metal furniture surface coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-346 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42656.htm No. 42657 (5-year Review): R307-347. Large Appliance Surface Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-347 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-347 is needed to establish RACT controls in the large appliance surface coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-347 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42657.htm No. 42659 (5-year Review): R307-348. Magnet Wire Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-348 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-348 is needed to establish RACT controls in the magnet wire coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-348 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42659.htm No. 42660 (5-year Review): R307-349. Flat Wood Paneling Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-349 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-349 is needed to establish RACT controls in the flat wood panel coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-349 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42660.htm No. 42661 (5-year Review): R307-350. Miscellaneous Metal Parts and Products Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-350 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-350 is needed to establish RACT controls in the miscellaneous metal parts and products coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-350 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42661.htm No. 42662 (5-year Review): R307-351. Graphic Arts. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Graphic arts printing operations emit volatile organic compounds (VOCs), which are precursors to the formation of PM2.5. Rule R307-351 reduces the VOCs emitted by graphic arts printing operations, is required under the State Implementation Plan, and cannot be changed without approval from EPA. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42662.htm No. 42663 (5-year Review): R307-352. Metal Container, Closure, and Coil Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-352 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-352 is needed to establish RACT controls in the metal container, closure, and coil coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-352 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42663.htm No. 42664 (5-year Review): R307-353. Plastic Parts Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-353 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-353 is needed to establish RACT controls in the plastic parts coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-353 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42664.htm No. 42665 (5-year Review): R307-354. Automotive Refinishing Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-354 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-354 is needed to establish RACT controls in the automotive refinishing operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-354 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42665.htm No. 42666 (5-year Review): R307-355. Aerospace Manufacture and Rework 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 R307-355 was amended one time since the rule was created. In 2014, a series of source coating system rules were amended to clarify that the amount of control removal specified in each rule was based on the entire system, and inspection and recordkeeping requirements for these systems were expanded. Rule R307-355 is needed to establish RACT controls in the aerospace manufacture and rework facilities coating operations emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-355 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42666.htm No. 42667 (5-year Review): R307-356. Appliance Pilot Light. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Natural gas pilot lights emit volatile organic compounds (VOCs) which are precursors to the formation of PM2.5. Rule R307-356 reduces the VOCs emitted by pilot lights in natural gas appliances by prohibiting their future sale and distribution in PM2.5 nonattainment areas, is required under the State Implementation Plan, and cannot be changed without approval from EPA. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42667.htm No. 42668 (5-year Review): R307-357. Consumer Products. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-357 was amended one time since the rule was created. In 2014, an amendment corrected an error to align the content limits with federal rule and the California Air Resource Board rule. Rule R307-357 is needed to establish controls and limits on consumer products that emit VOCs,which are precursors to the formation of PM2.5, or contain toxic and ozone depleting compounds. Rule R307-357 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42668.htm No. 42669 (5-year Review): R307-801. Utah Asbestos Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without Rule R307-801, Utah would not have authority to implement the federal asbestos requirements and implementation would be carried out by the Environmental Protection Agency. The specific authorizations in Subsections 19-2-104(1)(d) and 19-2-104(3)(a) and (b) clearly indicate that the Legislature prefers that the Division of Air Quality implement the program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 03/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42669.htm INSURANCE ADMINISTRATION No. 42686 (5-year Review): R590-94. Rule Permitting Smoker/Nonsmoker Mortality Tables For Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits. 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 permits the use of smoker/nonsmoker mortality tables as a reserve standard allowing for fairer pricing of life insurance products. This rule helps insurers offer lower rates to nonsmokers. 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: 03/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42686.htm No. 42687 (5-year Review): R590-154. Unfair Marketing Practices Rule; Misleading Names. 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 sets forth guidelines for producers regarding what is considered to be unacceptable market conduct. 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: 03/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42687.htm NATURAL RESOURCES PARKS AND RECREATION No. 42682 (5-year Review): R651-407. Off-Highway Vehicle Advisory Council. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 41-22-2(1) defines the OHV Advisory Council and Section 41-22-10 authorizes the Division of Utah Parks and Recreation to appoint the OHV Advisory Council. The agency has received no comments and this rule should remain in place in order to provide assistance in meeting Section 41-22-1. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 03/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42682.htm PUBLIC SAFETY FIRE MARSHAL No. 42683 (5-year Review): R710-5. Automatic Fire Sprinkler System Inspecting and Testing. 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 ensures that those that inspect water based fire protection systems, fire sprinklers, have the proper skill set and knowledge base to effectively inspect these systems to ensure their safe operation. This rule also protects the public from those that would offer services that they are not qualified to perform. This rule is essential to the continued safety of the citizens of Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 03/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42683.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). PUBLIC SAFETY FIRE MARSHAL No. 42674 (Expired): R710-12. Hazardous Materials Training and Certification. SUMMARY: The Fire Marshal's Office did not file the five-year review and notice of continuation for Rule R710-12 so the rule has expired and been removed from the Administrative Code as of 03/12/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Administrative Rules by phone at 801-538-3218, or by Internet E-mail at rules@utah.gov EFFECTIVE: 03/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180401/42674.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. 42479 (AMD): R277-404.Requirements for Assessments of Student Achievement Published: 02/01/2018 Effective: 03/14/2018 No. 42480 (NEW): R277-415.School Nurses Matching Funds Published: 02/01/2018 Effective: 03/14/2018 No. 42481 (AMD): R277-490.Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP) Published: 02/01/2018 Effective: 03/14/2018 No. 42482 (AMD): R277-700.The Elementary and Secondary School General Core Published: 02/01/2018 Effective: 03/14/2018 No. 42483 (AMD): R277-708.Enhancement for At-Risk Students Published: 02/01/2018 Effective: 03/14/2018 No. 42484 (AMD): R277-717.High School Course Grading Requirements Published: 02/01/2018 Effective: 03/14/2018 ENVIRONMENTAL QUALITY AIR QUALITY No. 42107 (CPR): R307-150.Emission Inventories Published: 02/01/2018 Effective: 03/05/2018 No. 42107 (AMD): R307-150.Emission Inventories Published: 10/01/2017 Effective: 03/05/2018 No. 42370 (AMD): R307-355-3.Exemptions Published: 01/01/2018 Effective: 03/08/2018 No. 42108 (CPR): R307-401.Permit: New and Modified Sources Published: 02/01/2018 Effective: 03/05/2018 No. 42108 (AMD): R307-401.Permit: New and Modified Sources Published: 10/01/2017 Effective: 03/05/2018 No. 42109 (CPR): R307-504.Oil and Gas Industry: Tank Truck Loading Published: 02/01/2018 Effective: 03/05/2018 No. 42109 (AMD): R307-504.Oil and Gas Industry: Tank Truck Loading Published: 10/01/2017 Effective: 03/05/2018 No. 42111 (CPR): R307-506.Oil and Gas Industry: Storage Vessels Published: 02/01/2018 Effective: 03/05/2018 No. 42111 (NEW): R307-506.Oil and Gas Industry: Storage Vessels Published: 10/01/2017 Effective: 03/05/2018 No. 42112 (CPR): R307-507.Oil and Gas Industry: Dehydrators Published: 02/01/2018 Effective: 03/05/2018 No. 42112 (NEW): R307-507.Oil and Gas Industry: Dehydrators Published: 10/01/2017 Effective: 03/05/2018 No. 42113 (CPR): R307-508.Oil and Gas Industry: VOC Control Devices Published: 02/01/2018 Effective: 03/05/2018 No. 42113 (NEW): R307-508.Oil and Gas Industry: VOC Control Devices Published: 10/01/2017 Effective: 03/05/2018 No. 42114 (CPR): R307-509.Oil and Gas Industry: Leak Detection and Repair Requirements Published: 02/01/2018 Effective: 03/05/2018 No. 42114 (NEW): R307-509.Oil and Gas Industry: Leak Detection and Repair Requirements Published: 10/01/2017 Effective: 03/05/2018 No. 42115 (CPR): R307-510.Oil and Gas Industry: Natural Gas Engine Requirements Published: 02/01/2018 Effective: 03/05/2018 No. 42115 (NEW): R307-510.Oil and Gas Industry: Natural Gas Engine Requirements Published: 10/01/2017 Effective: 03/05/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42180 (CPR): R414-3A.Outpatient Hospital Services Published: 01/15/2018 Effective: 03/05/2018 No. 42180 (AMD): R414-3A.Outpatient Hospital Services Published: 10/15/2017 Effective: 03/05/2018 NATURAL RESOURCES WATER RESOURCES No. 42257 (NEW): R653-9.Electronic Meetings Published: 11/15/2017 Effective: 03/02/2018 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/ . <> ----------------------------