Vol. 2012, No. 19 (10/01/2012)

1. Special Notices

• Environmental Quality
  • Air Quality
    • Notice of Public Comment Period for the Fireworks Exceptional Events

2. Executive Documents

• Governor
  • Administration
    • Governor's Executive Order EO/09/2012: Wildland Fire Management
    • Governor's Proclamation 2012/07/E:Calling the Fifty-Ninth Legislature Into the Seventh Extraordinary Session
    • Governor's Executive Order EO/10/2012:Declaring a State of Emergency Due to a Breached Dam and Flooding in Washington County

3. Notices of Proposed Rules

• Health
  • Family Health and Preparedness, Child Care Licensing
    • No. 36715 (Amendment): Rule R430-6. Background Screening
      • Due of Comment: 10/31/2012
    • No. 36716 (Amendment): Rule R430-50. Residential Certificate Child Care
      • Due of Comment: 10/31/2012
    • No. 36717 (Amendment): Rule R430-60. Hourly Child Care Centers
      • Due of Comment: 10/31/2012
    • No. 36718 (Amendment): Rule R430-70. Out of School Time Child Care Programs
      • Due of Comment: 10/31/2012
    • No. 36719 (Amendment): Rule R430-90. Licensed Family Child Care
      • Due of Comment: 10/31/2012
    • No. 36720 (Amendment): Rule R430-100. Child Care Centers
      • Due of Comment: 10/31/2012
• Environmental Quality
  • Air Quality
    • No. 36721 (Amendment): Section R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36722 (Amendment): Section R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36723 (Amendment): Section R307-101-2. Definitions
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36724 (New Rule): Rule R307-311. Emission Standards for PM2.5 Nonattainment Areas
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36725 (Repeal): Rule R307-340. Ozone Nonattainment and Maintenance Areas: Surface Coating Processes
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36726 (New Rule): Rule R307-344. Paper, Film, and Foil Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36727 (New Rule): Rule R307-345. Fabric and Vinyl Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36728 (New Rule): Rule R307-346. Metal Furniture Surface Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36729 (New Rule): Rule R307-347. Large Appliance Surface Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36730 (New Rule): Rule R307-348. Magnet Wire Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36731 (New Rule): Rule R307-349. Flat Wood Panel Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36732 (New Rule): Rule R307-350. Miscellaneous Metal Parts and Products Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36733 (New Rule): Rule R307-351. Graphic Arts
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36734 (New Rule): Rule R307-352. Metal Container, Closure, and Coil Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36735 (New Rule): Rule R307-353. Plastic Part Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36736 (New Rule): Rule R307-354. Automotive Refinishing Coatings
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT
    • No. 36737 (New Rule): Rule R307-355. Control of Emissions from Aerospace Manufacture and Rework Facilities
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36738 (Amendment): Rule R307-343. Ozone Nonattainment and Maintenance Areas: Emissions Standards for Wood Furniture Manufacturing Operations
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36739 (New Rule): Rule R307-334. Emissions Standards: Industrial Baking Ovens
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36740 (New Rule): Rule R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36741 (Amendment): Rule R307-307. Davis, Salt Lake, and Utah Counties: Road Salting and Sanding
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
    • No. 36742 (Amendment): Rule R307-110. General Requirements: State Implementation Plan
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT 10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT 10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
• Insurance
  • Administration
    • No. 36745 (New Rule): Rule R590-265. Hazardous Financial Condition Rule
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/25/2012 11:00 AM, State Office Building, 450 N State St, Room 3112, Salt Lake City, UT
• Governor
  • Economic Development
    • No. 36749 (Amendment): Rule R357-6. Technology and Life Science Economic Development and Related Tax Credits
      • Due of Comment: 10/31/2012
• Commerce
  • Occupational and Professional Licensing
    • No. 36757 (Amendment): Rule R156-60. Mental Health Professional Practice Act Rule
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/20/2012 11:59 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT
    • No. 36758 (Amendment): Rule R156-60c. Professional Counselor Licensing Act Rule
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/15/2012 11:59 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT
    • No. 36759 (Amendment): Rule R156-24b. Physical Therapy Practice Act Rule
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/22/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT
• Workforce Services
  • Unemployment Insurance
    • No. 36760 (Amendment): Section R994-406-302. Repayment and Collection of Fault Overpayments
      • Due of Comment: 10/31/2012
  • Employment Development
    • No. 36761 (Amendment): Section R986-200-247. Utah Back to Work Pilot Program (BWP)
      • Due of Comment: 10/31/2012
• Heritage and Arts
  • History
    • No. 36762 (Amendment): Rule R455-4. Ancient Human Remains
      • Due of Comment: 10/31/2012
• Education
  • Administration
    • No. 36769 (Amendment): Rule R277-112. Prohibiting Discrimination in the Public Schools
      • Due of Comment: 10/31/2012
    • No. 36770 (Amendment): Section R277-420-1. Definitions
      • Due of Comment: 10/31/2012
    • No. 36771 (Amendment): Rule R277-423. Delivery of Flow Through Money
      • Due of Comment: 10/31/2012
    • No. 36772 (Amendment): Section R277-424-1. Definitions
      • Due of Comment: 10/31/2012
    • No. 36773 (Amendment): Section R277-454-1. Definitions
      • Due of Comment: 10/31/2012
    • No. 36774 (Amendment): Rule R277-531. Public Educator Evaluation Requirements (PEER)
      • Due of Comment: 10/31/2012
• Environmental Quality
  • Administration
    • No. 36775 (New Rule): Rule R305-8. Board Member Attendance Requirements
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/15/2012 03:00 PM, DEQ Board Room, First Floor, 195 N 1950 W, Salt Lake City, UT
    • No. 36776 (New Rule): Rule R305-9. Recusal of a Board Member for Conflict of Interest
      • Due of Comment: 10/31/2012 Hearing Meeting: 10/15/2012 03:30 PM, DEQ Board Room, First Floor, 195 N 1950 W, Salt Lake City, UT

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

• Financial Institutions
  • Credit Unions
    • No. 36712 (5-year Review): Rule R337-5. Allowance for Loan and Lease Losses - Credit Unions
    • No. 36713 (5-year Review): Rule R337-2. Conversion from a Federal to a State-Chartered Credit Union
  • Banks
    • No. 36714 (5-year Review): Rule R333-7. Investment by a State-Chartered Bank in Shares of Open-End Investment Companies
• Natural Resources
  • Wildlife Resources
    • No. 36747 (5-year Review): Rule R657-12. Hunting and Fishing Accommodations for People With Disabilities
• Transportation
  • Preconstruction, Right-of-Way Acquisition
    • No. 36756 (5-year Review): Rule R933-5. Utah-Federal Agreement for the Control of Outdoor Advertising
• Education
  • Administration
    • No. 36763 (5-year Review): Rule R277-419. Pupil Accounting
    • No. 36764 (5-year Review): Rule R277-420. Aiding Financially Distressed School Districts
    • No. 36765 (5-year Review): Rule R277-423. Delivery of Flow Through Money
    • No. 36766 (5-year Review): Rule R277-424. Indirect Costs for State Programs
    • No. 36767 (5-year Review): Rule R277-426. Definition of Private and Non-Profit Schools for Federal Program Services
    • No. 36768 (5-year Review): Rule R277-454. Construction Management of School Building Projects

5. Notices of Rule Effective Dates

• Community and Culture
  • Home Energy Assistance Target (HEAT)
    • No. 36313 (Repeal): Rule R195-1. Energy Assistance: General Provisions
    • No. 36314 (Repeal): Rule R195-2. Energy Assistance Programs Standards
    • No. 36315 (Repeal): Rule R195-3. Energy Assistance Income Standards, Income Eligibility, and Payment Determination
    • No. 36316 (Repeal): Rule R195-4. Energy Assistance: Asset Standards
    • No. 36317 (Repeal): Rule R195-5. Energy Assistance: Program Benefits
    • No. 36318 (Repeal): Rule R195-6. Energy Assistance: Eligibility Determination
    • No. 36319 (Repeal): Rule R195-7. Energy Assistance: Records and Benefit Management
    • No. 36320 (Repeal): Rule R195-8. Energy Assistance: Special State Programs
  • Housing and Community Development
    • No. 36321 (Repeal): Rule R199-8. Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance
    • No. 36322 (Repeal): Rule R199-9. Policy Concerning Enforceability and Taxability of Bonds Purchased
    • No. 36323 (Repeal): Rule R199-10. Procedures in Case of Inability to Formulate Contract for Alleviation of Impact
    • No. 36324 (Repeal): Rule R199-11. Community Development Block Grants (CDBG)
  • Housing and Community Development, Community Services
    • No. 36325 (Repeal): Rule R202-100. Community Services Block Grant Rules
    • No. 36326 (Repeal): Rule R202-101. Qualified Emergency Food Agencies Fund (QEFAF)
• Health
  • Disease Control and Prevention, Environmental Services
    • No. 36404 (Amendment): Rule R392-100. Food Service Sanitation
• Insurance
  • Administration
    • No. 36458 (Amendment): Section R590-225-7. Procedures for Form Filings
• Commerce
  • Occupational and Professional Licensing
    • No. 36484 (Amendment): Rule R156-20a. Environmental Health Scientist Act Rule
• Workforce Services
  • Housing and Community Development
    • No. 36487 (New Rule): Rule R990-12. State Small Business Credit Initiative Program Fund
• Insurance
  • Administration
    • No. 36493 (Amendment): Rule R590-130. Rules Governing Advertisements of Insurance
• Natural Resources
  • Wildlife Resources
    • No. 36494 (Amendment): Rule R657-3. Collection, Importation, Transportation, and Possession of Zoological Animals
• Administrative Services
  • Debt Collection
    • No. 36495 (Amendment): Rule R21-1. Transfer of Collection Responsibility of State Agencies
• Environmental Quality
  • Environmental Response and Remediation
    • No. 36496 (Amendment): Section R311-201-12. UST Operator Training and Registration
    • No. 36497 (Amendment): Rule R311-206. Underground Storage Tanks: Financial Assurance Mechanisms
• Workforce Services
  • Employment Development
    • No. 36499 (Amendment): Section R986-900-902. Options and Waivers