# UTAH STATE BULLETIN

OFFICIALNOTICES OF UTAH STATE GOVERNMENT Filed June 02, 2012, 12:00 a.m. through June 15, 2012, 11:59 p.m.
Number 2012-13

July 01, 2012 Nancy L. 

## Lancaster, Editor KennethA. Hansen, Director Kimberly K. 

## Hood, ExecutiveDirector

The Utah State Bulletin (Bulletin) 

## is an official noticing publication ofthe executive branch of Utah State Government. The Department ofAdministrative Services, Division ofAdministrative Rules producestheBulletin

## under authority ofSection 63G-3-402. Inquiries concerningthe substance or applicability ofan administrative rule that appears in the Bulletin 

## should be addressed to the contact person for the rule. Questions about the Bulletin 

## or the rulemaking process may be addressed to: Division ofAdministrative Rules, POBox 141007, SaltLake City, Utah 84114-1007, telephone 801-538-3764, FAX 801-537-9240. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http:/ /www.rules.utah.govI The information in this Bulletin 

## is summarized in the Utah State Digest (Digest). 

## The Digest 

## is available by E-mail or over the Internet. Visit http://www.rules.utah.gov/publicat/digest.htm for additional information.

### Division ofAdministrative Rules, SaltLake City 84114 

### Unless otherwise noted, all information presented inthis publication is in the publicdomain andmaybe reproduced, reprinted, and redistributed as desired. Materials incorporatedby referenceretain the copyrightasserted by theirrespective authors. Citation to the source is requested. Utah state bulletin. Semimonthly. 1. 

### Delegatedlegislation--Utah-Periodicals. 2. Administrative procedure-Utah-Periodicals. I. Utah. Office ofAdministrative Rules. KFU440.A73S7 348.792'025-DDC 85-643197

# TABLE OF CONTENTS

SPECIAL NOTICES.........................................................................................................................................................................1 Environmental Quality AirQuality Rule R307-202, Emission Standards: General Burning- Section 110(1) Demonstration

..........................................1 Health Health Care Financing, Coverage and Reimbursement Policy Notice forJuly2012 Children's Health Insurance Program (CHIP)

............................................................................3 EXECUTIVE DOCUMENTS.............................................................................................................................................................5 Governor Administration Governor's Executive Order E0/004/2012: Creating the DisabilitiesAdvisory Council...

.........................................5 Governor's Executive Order E0/005/2012: Automotive Idling Reduction

.................................................................7 Governor's Executive Order E0/006/2012: Wildland Fire Management...

................................................................8 Governor's Proclamation 2012/4/S: Calling the Fifty-Ninth Legislature into the Fourth

Special Session

........................................................................................................................................................9 Governor's Declaration: Concerning Fire DangerThroughout Utah

.......................................................................10 NOTICES OF PROPOSED RULES...............................................................................................................................................13 Community and Culture Administration No. 36353 (New Rule): R182-2 Preservation Pro Fee

.............................................................................................14 Home EnergyAssistanceTarget (HEAT) No. 36313 (Repeal): R195-1 EnergyAssistance: General Provisions

....................................................................15 No. 36314 (Repeal): R195-2 EnergyAssistance Programs Standards

...................................................................17 No. 36315 (Repeal): R195-3 EnergyAssistance Income Standards, Income Eligibility,

and Payment Determination

...................................................................................................................................20 No. 36316 (Repeal): R195-4 EnergyAssistance: Asset Standards

........................................................................22 No. 36317 (Repeal): R195-5 EnergyAssistance: Program Benefits

.......................................................................23 No. 36318 (Repeal): R195-6 EnergyAssistance: Eligibility Determination

.............................................................24 No. 36319 (Repeal): R195-7 EnergyAssistance: Records and Benefit Management...

.........................................25 No. 36320 (Repeal): R195-8 EnergyAssistance: Special State Programs

.............................................................26 Housing and Community Development No. 36321 (Repeal): R199-8 Permanent Community Impact Fund Board Review and Approval ofApplications for Funding Assistance

....................................................................................................28 No. 36322 (Repeal): R199-9 Policy Concerning Enforceability and Taxability of Bonds

Purchased

..............................................................................................................................................................32 No. 36323 (Repeal): R199-10 Procedures in Case of Inabilityto Formulate Contract for Alleviation of Impact

...............................................................................................................................................33 No. 36324 (Repeal): R199-11 Community Development Block Grants (CDBG)

......................................................36 Housing and Community Development, Community Services No. 36325 (Repeal): R202-100 Community Services Block Grant Rules

................................................................39 No. 36326 (Repeal): R202-101 Qualified Emergency FoodAgencies Fund (QEFAF)

............................................44 Olene Walker Housing Trust Fund No. 36327 (Repeal): R235-1 Olene Walker Housing Loan Fund (OWHLF)

.............................................................46 Education Administration No. 36364 (New Rule): R277-408 Grants for Online Testing

...................................................................................49 No. 36366 (Amendment): R277-467 Distribution of FundsAppropriated for Library Books

and Electronic Resources

......................................................................................................................................51 No. 36367 (Amendment): R277-470 Charter Schools
- General Provisions

............................................................52 No. 36368 (Amendment): R277-482 Charter School Timelines and Approval Processes

.......................................54 No. 36370 (Amendment): R277-488 Critical Languages Program

..........................................................................58 No. 36373 (Amendment): R277-489 Optional Extended Day KindergartenResponsibilities, Timelines, and Funding

...............................................................................................................51 No. 36374 (New Rule): R277-618 Educator PeerAssistance and Review Pilot Program (PAR Program)

..............63 

### UTAHSTATEBULLETIN, July 01, 2012,Vol. 2012, No. 13TABLE OF CONTENTS
Health Health Care Financing, Coverage and Reimbursement Policy No. 36375 (Amendment): R414-1 Utah Medicaid Program

.....................................................................................65 No. 36377 (Amendment): R414-49 Dental Services

................................................................................................58 No. 36378 (Amendment): R414-50 Dental, Oral and Maxillofacial Surgeons

..........................................................69 No. 36379 (Amendment): R414-510 Intermediate Care Facilityfor Individuals

with Mental Retardation Transition Program

..........................................................................................................70 Natural Resources Wildlife Resources No. 36363 (New Rule): R657-64 Predator Control Incentives

.................................................................................72 Public Safety Driver License No. 36331 (Amendment): R708-10 Classified License System

...............................................................................75 No. 36332 (New Rule): R708-47 Emergency Contact Database

.............................................................................77 Tax Commission Administration No. 36361 (Amendment): R861-1A-26 Procedures for FormalAdjudicative Proceedings

Pursuantto Utah Code Ann. Sections 59-1-501 and 63G-4-204 through 63G-4-209

............................................78 Auditing No. 36362 (Amendment): R865-21 U-6 Liability of Purchasers and Receipt For Paymentto

Retailers Pursuantto Utah CodeAnn. Section 59-12-107

.....................................................................................80 Transportation Operations, Maintenance No. 36345 (New Rule): R918-6 Maintenance Responsibility at Intersections, Overcrossings,

and Interchanges Between ClassA Roads and Class B or Class C Roads

..........................................................81 NOTICES OF CHANGES IN PROPOSED RULES........................................................................................................................87 Administrative Services Facilities Construction and Management No. 36020: R23-1-40Acceptable Bid Security; Performance and Payment Bonds

.................................................88 Environmental Quality Air Quality No. 35865: R307-107 General Requirements: Unavoidable Breakdown

................................................................89 No. 35923: R307-202 Emission Standards: General Buming

.................................................................................91 NOTICES 120-DAY(EMERGENCY) RULES.................................................................................................................................95 Public Safety Driver License No. 36330: R708-10 Classified License System

......................................................................................................95 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION...........................................................................97 Capitol Preservation Board (State) Administration No. 36359: R131-3 Use ofMagnetometers on Capitol Hill

......................................................................................97 Commerce Administration No. 36329: R151-35 PowersportVehicle FranchiseAct Rule

..................................................................................97 Consumer Protection No. 36360: R152-34 Postsecondary Proprietary SchoolAct Rules

.........................................................................98 Community and Culture Library No. 36328: R223-1 Adjudicative Procedures

...........................................................................................................98 Corrections Administration No. 36312: R251-401 Supervision Fees

..................................................................................................................99

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### TABLE OF CONTENTS
Education Administration No. 36365: R277-467 Distribution of FundsAppropriated for Library Books

and Electronic Resources

......................................................................................................................................99 No. 36369: R277-488 Critical Languages Program

...............................................................................................100 No. 36372: R277-489 Optional Extended-Day Kindergarten- Responsibilities, Timelines, and Funding

........................................................................................................................................100 Environmental Quality AirQuality No. 36333: R307-105 General Requirements: Emergency Controls

....................................................................101 No. 36334: R307-401 Permit: Newand Modified Sources

...................................................................................101 No. 36335: R307-403 Permits: Newand Modified Sources in NonattainmentAreas

and MaintenanceAreas

.......................................................................................................................................102 No. 36336: R307-406 Visibility

...............................................................................................................................102 No. 36337: R307-410 Permits: Emissions lmpactAnalysis

..................................................................................103 No. 36338: R307-414 Permits: Fees forApproval Orders

....................................................................................104 No. 36339: R307-415 Permits: Operating Permit Requirements

..........................................................................104 No. 36340: R307-417 Permits: Acid Rain Sources

...............................................................................................105 No. 36341: R307-420 Permits: Ozone Offset Requirements in Davis and Salt Lake

Counties

...............................................................................................................................................................106 No. 36342: R307-421 Permits: PM10 Offset Requirements in Salt Lake County and

Utah County

.........................................................................................................................................................106 Health Health Care Financing, Coverage and Reimbursement Policy No. 36309: R414-310 Medicaid Primary Care Network Demonstration Waiver

.....................................................107 Human Services SubstanceAbuse and Mental Health No. 36310: R523-20 Division Rules ofAdministration

...........................................................................................107 Recovery Services No. 36346: R527-3 Definitions

...............................................................................................................................108 No. 36347: R527-37 Closure Criteria for Support Cases

.......................................................................................108 No. 36348: R527-253 Collection ofChild Support Judgments

...............................................................................109 No. 36349: R527-255 Substantial Change in Circumstances

................................................................................109 No. 36350: R527-258 Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program

...............................................................................................................................................110 No. 36351: R527-330 Posting Priority of Payments Received

...............................................................................111 Insurance Administration No. 36344: R590-240 Procedure to Obtain Exemption ofStudent Health Programs From

Insurance Code

....................................................................................................................................................111 Natural Resources Water Rights No. 36376: R655-1 Wells Used forthe Discovery and Production ofGeothermal Energy in the State of Utah

...................................................................................................................................................112 No. 36380: R655-2 Procedure forAdministrative Proceedings Before the Division ofWater

Rights Commenced Priorto January 1, 1988

.......................................................................................................112 No. 36381: R655-6Administrative Procedures for Informal Proceedings Before the Division

ofWater Rights

.....................................................................................................................................................113 No. 36382: R655-15Administrative Procedures for Distribution Systems and Water

Commissioners

.....................................................................................................................................................113 Public Safety Fire Marshal No. 36343: R710-9 Rules Pursuantto the Utah Fire Prevention and SafetyAct...

................................................114 Public Service Commission Administration No. 36358: R746-400 Public Utility Reports

...........................................................................................................114



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### iiiTABLE OF CONTENTS
Wori<force Services Administration No. 36354: R982-101 Americans with Disabilities Complaint Procedure

...............................................................115 No. 36355: R982-201 Government RecordsAccess and ManagementAct

...........................................................115 No. 36356: R982-301 Councils

..............................................................................................................................116 No. 36357: R982-601 Provider Code ofConduct

...................................................................................................116 NOTICES OF RULE EFFECTIVE DATES....................................................................................................................................119 RULES INDEX BYAGENCY(CODE NUMBER) AND BY KEYWORD (SUBJECT).........................................................................................................................................................121



### iv UTAHSTATEBULLETIN, July 01, 2012, Vol. 2012, No. 13

# SPECIAL NOTICES
Environmental Quality Air Quality Rule R307-202, Emission Standards: General Burning- Section 110(1) Demonstration (The Division ofAir Quality (DAQ) is proposing the repeal andreenactment ofAir Quality Rule R307-202, Emission Standards: Open Burning (DAR No. 35923, publishedin the 0410112012 Bulletin; andan additional CPR, DAR No. 35923publishedin this issue, 0710112012, ofthe Bulletin), which is partofUtah's PM10 state implementation plan (SIP}. Section 110(1) ofthe Clean Air Act (CAA) states that EPA cannot approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable furtherprogress orany otherapplicable requirements ofthe 

### CAA. Therefore, a state must make a demonstration that a revision to a SIPshall not cause adverse conditions. This document, which is available for public review until 0713112012 shows that the proposed repeal and reenactment of Rule R307-202 will not cause adverse conditions. It demonstrates that in southern Utah, PM 2.5 levels are extremely low, even though that portion of the state experiences frequent wildfires andprescribedburning andthatmodifying the burning season in southern Utah willnotadversely impactairquality. Italso shows thatPM2.5 levels in northern counties are wellbelowthe ambientstandardduring the proposed burning season. Comparing PM2.5 data from areas where previous fall open burning windows were allowed andareas where they were notindicates thatopen burning underthis rule does nothave substantialimpacton airquality, see the following .)

Memoto File: 

### R307-202 Emissions Standards: General BurningAmendment Re: 

### Demonstration -AirQuality Impact of Proposed Burning Window Shifts Statewide Date: 

### May 2012 Prepared 

### by: Joel Karmazyn The Air Quality Board amended the rule in 2004 to adjust the 30-day burning window between March 1- May 30, statewide. Local county fire marshals establish the 30-day window during this period. The Air Quality Board is now proposing rule amendments to establish separate burn windows for southern and northern counties and to permit burning during the entire period (eliminate the 30-day window), so long as the clearing index is 500 or greater.

Current Burning Windows 

### March 1 - May 30 statewide Sept. 15 - Oct. 30 attainment counties Changed Burning Windows 

### Southern counties March 1 - May 30 Southern counties Sept 15 - Nov. 30
Item 1 Demonstration - Southern Counties Window Shift 

### Data from the IMPROVE monitoring at Bryce, Canyonlands and Zion National Parks represents southern Utah regional air quality. IMPROVE data do not include flags to exclude exceptional events, such as high winds and natural fires, thus this data represents worst case air quality. The following table presents the arithmetic mean of PM2.5 values from 2004-2010, which are extremely low and include emissions from past years of open burning starting on March1. The maximum values are likely indicators ofwildfire and prescribed burning. 2007 values were influenced by one ofthe worst southern California wildfire years. Mean Mean Mean Mean Mean Mean Mean Maximun PM2.5 PM2.5 PM2.5 PM2.5 PM2.5 PM2.5 PM2.5 Value from 2004 2005 2006 2007 2008 2009 2010 2004-2010 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ug/m3 Bryce Canyon National Park, 2.34 2.38 2.47 3.02 2.83 2.89 2.04 18.3 Garfield County


### UTAHSTATEBULLETIN, July 01, 2012, 

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### SPECIALNOTICES

Canyon1ands National Park 2.47 2.48 2.62 3.08 2.97 2.94 2.52 22.8 San Juan County Zion National Park, 2.71 2.89 3.29 3.90 3.54 3.02 2.52 18.6 Washington County The following table presents the acreage burned by large wildfires from 2004-2010. Large fires are defined as fires of 100+ acres offorest or 300+ acres ofgrassland (smaller fires also existed). This data does not include prescribed fires conducted by the Forest Service. A very large wildfire occurred near the Zion National Park monitoring station in 2006 that explains the increase in PM2.5 that year. Large Fires in Acres County 2004 2005 2006 2007 2008 2009 2010 Garfield 0 435 0 2,392 3,733 6,067 966 San Juan 0 973 0 0 0 2,631 0 Washington 65,818 149.780 132,628 10,633 0 15,699 966 Emissions allowed under R307-202 are minimal in comparison to wildfires and prescribed burns and because current conditions do not threaten nonattainment areas that are separated by many miles and mountain ranges, it is concluded that shifting the open burning windows for southern counties and allowing burning throughoutthe bum season will not cause adverse conditions. 

### Item 2 Demonstration
- Northern CountiesWindow Shift The following table provides maximum PM2.5 values from monitoring data from September 15 to October 30. The monitoring stations represent southern, mid and northern stations within this portion ofthe state.
Maxi.u11 PM2.5 Values in Ug/113
2004 2005 2006 2007 2008 2009 2010 Hawthorne 15.4 14.4 13.2 19.3 16.6 14 10.7 Ogden 26 11 11 16.7 11.9 17.2 11.2 Logan 18.8 12 12.1 16.6 11.2 14.4 15.8 The Hawthorne and Ogden locations did not have past fall burn windows, the Logan location has. Comparison between the Ogden station where burning did not occur and the Logan station where it has in the past, indicates that the newly proposed burning window should not result in adverse air quality conditions. The following table presents the number of acres burned from large wildfires and prescribed fires during the proposed fall burn window. Large Wildfires and Prescribed Fires in Acres fr011 September 15 to October 30 County 2004 2005 2006 2007 2008 2009 2010 Salt Lake 860 4,326 Weber 45 900/640 300 300 Cache 100 1,520 Large wildfires in bold, prescribed fires in black The fire data indicates that there was minimal, if any, substantial air quality impact between when fires occurred and no fires. Therefore, it is concluded thatthe proposed fall open burning season will not cause adverse conditions.

2 

### UTAHSTATEBULLETIN, July 01, 2012, Vol. 2012, No. l3

### SPECIALNOTICES 

### Health Health Care Financing, Coverage and Reimbursement Policy Notice for July 2012 Children's Health Insurance Program (CHIP)
The Utah Department of Health has submitted an amendment to the Children's Health Insurance Program (CHIP) State Plan. ThisAmendment, #12, implements the benefit plan changes for Medical and Dental servicesfor 07/01/2012 through 06/30/2013. 

### It contains modifications to cost sharing for physician visits, vision and hearing screening, surgeon and anesthesiologist, as well as emergency room visits for Medical. For Dental, orthodontic care is only covered if medically necessary and requires prior authorization. Changes are posted to the web and can be viewed at http://health.utah.gov/chip/. 

### The proposed changes are subject to Centers for Medicare and Medicaid Services approval. For questions regarding this notice, please contactLeigha Rodakat801-538-6806, orlrodak@utah.gov.

End ofthe Special Notices Section



### UTAHSTATEBULLETIN, July 01, 2012, Vol. 2012, No. 13 

### 3

# EXECUTIVE DOCUMENTS As part of his or her constitutional duties, the Governor periodically issues ExEcunvE DocuMENTS comprised of Executive Orders, Proclamations, and Declarations. "Executive Orders" set policy forthe Executive Branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision ofthe Constitution, state lawor executive policy. "Proclamations" call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements orfunctions; or publicly avow or cause certain matters ofstate governmentto be made generally known. "Declarations" designate special days, weeks or othertime 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 ofan agricultural disaster). The Governor's Office stafffiles ExEcunvE DocuMENTs that have legal effect with the Division ofAdministrative Rules for publication and distribution. All orders issued by the Governor not in conflict with existing laws have the full force and effect of law during a state of emergency when a copy of the order is filed with the Division of Administrative Rules. (See Section 63K-4-401).

Governor's Executive Order E0/004/2012: Creating the DisabilitiesAdvisory Council
EXECUTIVE ORDER Creating the DisabilitiesAdvisory Council WHEREAS, the mission ofthe Division of Services for People with Disabilities is to promote opportunities and provide support for persons with disabilities to lead self-determined lives; WHEREAS, in accordance with 62A-5-102, the Division of Services for People with Disabilities would like to enhance the support it provides by encouraging regular input, review and evaluation of its services and policies by stakeholders in the disability system; WHEREAS, the full array ofservices is critical to effectively serving individuals and families with disabilities; WHEREAS, the Division of Services for People with Disabilities would like to build relationships and partnerships to promote activities that mutually benefit stakeholders within the community and institutions; NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, by virtue of power vested in me by the Constitution and the laws ofthe State hereby: (1) Create a Council to be known as the Disabilities Advisory Council that shall be comprised of the following members: (a) the Director ofthe Division ofServices for People with Disabilities; (b) the Director ofthe Department of Health, Bureau ofAuthorization and Community Based Services ordesignee; (c) two 

### individuals with disabilities receiving Division ofServices for People with Disabilities services in the community; (d) two family members of individuals with disabilities receiving Division of Services for People with Disabilities services in the community; (e) one individual orfamily memberwaiting for services from the Division of Services for People with Disabilities; (f) 

### one individual orfamily member receiving services from the Utah State Developmental Center orprivate ICFIID; (g) two home or community based providers of the Division of Services for People with Disabilities services from the private sector;

UTAHSTATEBULLETIN, July01, 2012, Vol. 2012, No. 13 5EXECUTIVE DOCUMENTS (h) two support coordinators ofthe Division ofServices for People with Disabilities servicesfrom the private sector. (2) Members specified in (1) (with the exception of those listed in (1)(a) and (b)) will be selected by the Executive Director of the Department of Human Services from applications made by eligible stakeholders. These members shall be appointed for aterm ofthree years and may be reappointed for one additional three yearterm. (3) The first round of appointments shall be staggered so the Council does not have all new membership in the following years. Beginning 2012, one individual from (1)(c), (d), (g) and (h) shall serve an added year (for a total of4 years) before their first term ends. (4) All members serve at the pleasure of the Executive Director of the Department of Human Services and may be removed at any time without cause. (5) Members specified in (1)(a) and (b) shall serve on the Council as long as he/she occupies the indicated position in state government. (6) Members ofthe Council shall serve without compensation. (7) The Council members shall appoint a Chairperson and Vice-Chairperson ofthe Council from among its members. All members ofthe council are eligible for appointment as chair and vice-chair person. The Division of Services for People with Disabilities will provide staff supportfor record keeping, distribution ofminutes and meeting arrangements. (8) Each Council member shall have one vote, with the exception of the Division of Services for People with Disabilities Director, who will vote only in the event ofatie. (9) The Council shall meet at least quarterly; additional meetings may be held based on the call ofthe chairperson or by request by a majority ofthe members ofthe council. (10) Annually, the Council shall hold a public hearing to gather input regarding the Division supports and services from all interested public. IT IS FURTHER ORDEREDthatthe primary functions ofthe Council shall be as follows: (1) To increase meaningful stakeholder input and technical assistance regrading the efficiency and effectiveness ofthe Division of Services for People with Disabilities supports and services; (2) To review and evaluate current and future policies, procedures, standards, guidelines and regulations to ensure efficiency and effectiveness; (3) To encourage positive relationships among stakeholders, the Division of Services for Disabilities, the Department of Human Services and the Department of Health; (4) To offer recommendations to the Division of Services for People with Disabilities that would improve the supports and services it provides; (5) To serve as a resource to the Division of Services for People with Disabilities for new ideas, future projects and bestpractices; (6) To promote partnerships between the Division of Services for People with Disabilities and other agencies and organizations offering supports to personswith disabilities and theirfamilies; (7) To solicit input from other stakeholders in the disability system regarding the Division of Services for People with Disabilities supports and services.



### 6 IN WITNESS, WHEREOF, I have hereunto set my hand and cause to be affixed the Great Seal of the State of Utah. Done at the State Capitol in Salt Lake City, Utah, this 14th day ofMay, 2012.

UTAHSTATEBULLETIN, July01, 2012,Vol. 2012, No. 13

### EXECUTIVE DOCUMENTS (State Seal)



### Attest:

E0/004/2012 

### Gary R. Herbert Governor
Greg Bell Lieutenant Governor

Governor's Executive Order E0/005/2012: Automotive Idling Reduction
EXECUTIVE ORDER Automotive Idling Reduction WHEREAS, airquality is an issue ofgreat concern to Utah residents; WHEREAS, air quality impacts manyaspects oflife in Utah, including health, quality oflife and economic development; WHEREAS, vehicle exhaust contributes to air pollution by emitting Nitrogen Oxides, Volatile Organic Compounds, Particulate Matter, Carbon Monoxide and Carbon Dioxide into the atmosphere; WHEREAS, an idling engine may produce more exhaust emissions than an engine in motion; WHEREAS, areaswhere there are many idling vehicles can create pockets ofconcentrated exhaust pollution; WHEREAS, simplyturning offa vehicle when it is idling will reduce emissions and promote better air quality; WHEREAS, a reduction in idling reduces fuel use and promotes cost savings; WHEREAS, the State ofUtah's fleet currently has 7,300 vehicles thattravel more than 78,000,000 miles a year; WHEREAS, the Utah Clean Air Partnership (U-CAIR) initiative calls on all Utah residents to take affirmative action to reduce their contribution to air pollution and recognizes thatthe State of Utah must lead by example; NOW, THEREFORE, I, Gary 

### R. Herbert, Governor ofthe State of Utah, by the authority vested in me by the laws and constitution ofthe State, do hereby orderthat: 1. Every driver ofa State of Utah fleet vehicle shall turn off the vehicle's engine when the vehicle will be stopped for more than 30 seconds. 2. The requirement that a vehicle's engine be turned offshall not apply: (a) when the vehicle is stopped in traffic, such as at a red light; (b) when idling is necessary to promotethe safety orwell-being ofvehicle occupants orothers; (c) when idling is necessary to operate vehicle equipment, such as lift equipment for people with disabilities orwarning lights on Utah Highway Patrol and Utah Department ofTransportation vehicles; (d) when idling is necessary to inspect orservice the vehicle;


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### 7EXECUTIVEDOCUMENTS (e) when manufacturers recommend that an engine be permitted to idle for a certain period oftime priorto shutdown; (f) in emergency situations. 3. Each agency of the State of Utah shall develop a policy consistent with this Executive Order that requires compliance with this Order for drivers of State-owned fleet vehicles and encourages compliance in privately-owned vehicles. These policies may permitthe agencyto recognize and/or reward employees for compliance. 4. Each agency shall ensure that each ofits employees is aware ofits idling policy. 5. On or before July 1, 2012, the Department ofAdministrative Services shall develop and implement a six-month pilot project that tests the effectiveness of agency anti-idling policies by using telematic equipment to measure the influence on reducing idling in state vehicles. 6. Within 15 days of the conclusion of the pilot project, the Department of Administrative Services shall prepare a report that details the efficacy of agency idle-reduction policies as measured by telematic equipment in the reduction of idling and any cost savings attributable to a decline in engine idling.

(State Seal)

Attest:

E0/005/2012 IN WITNESS, WHEREOF, I have hereunto set my hand and cause to be affixed the Great Seal of the State of Utah. Done at the State Capitol in Salt Lake City, Utah, this 31st day ofMay, 2012.

Gary R. Herbert Governor
Greg Bell Lieutenant Governor



### Governor's Executive Order E0/006/2012: Wildland Fire Management
EXECUTIVE ORDER Wildland Fire Management WHEREAS, the dangerfrom wildland fires is extremely high throughoutthe State of Utah; WHEREAS, wildland fires are burning and continue to bum in various areas statewide and present a serious threat to public safety, property, natural resources and the environment; WHEREAS, some of the areas are extremely remote and inaccessible and the situation has the potential to greatly worsen ifleft unattended; WHEREAS, immediate action is required to suppress the fires and mitigate post-burn flash floods to protect public safety, property, natural resources and the environment;

8 

### UTAHSTATEBULLETIN, July 01, 2012, Vol. 2012, No. 13

### EXECUTIVE DOCUMENTS WHEREAS, these conditions do create a disaster emergency within the intent ofthe Disaster Response and Recovery Act of 1981, NOW THEREFORE, I, Gary R. Herbert, Governor of the State of Utah by virtue of the power vested in me by the constitution and the laws ofthe State of Utah, do hereby orderthat: It is found, determined and declared that a "State of Emergency" exists statewide due to the threat to public safety, property, natural resources and the environment for thirty days, effective as ofJune 10, 2012 requiring aid, assistance and relief available pursuantto the provisions ofstate statutes, and the State Emergency Operations Plan, which is hereby activated.

(State Seal)

ATTEST:

E0/006/2012 IN TESTIMONY, WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah this 10th day ofJune 2012

Gary R. Herbert Governor

Lieutenant Governor Greg Bell



### Governor's Proclamation 2012/4/S: Calling the Fifty-Ninth Legislature into the Fourth Special Session
PROCLAMATION WHEREAS, since the adjournment of the 2012 General Session of the Fifty-Ninth Legislature of the State of Utah, matters have arisen that require immediate legislative attention; and, WHEREAS, Article VII, Section 6 of the Constitution of the State of Utah provides that the Governor may, by proclamation, convene the Legislature into Special Session; NOW, THEREFORE, I, Gary 

### R. Herbert, Governor ofthe State of Utah, by virtue ofthe authority vested in me by the Constitution and the laws ofthe State of Utah, call the Fifty-Ninth Legislature ofthe State of Utah into a Fourth Special Session at the Utah State Capitol, in Salt Lake City, Utah, on the 20th day ofJune 2012, at 3:00 p.m. solely forthe following purposes: 1. to consider modifying the 2012-2013 public education budget and related statutory provisions; 2. to consider changes related to retail licenses and enforcement provisions under the Alcohol Beverage Control Act, and to make appropriations related to those changes; 3. to consider enacting provisions related to the retention of outside counsel, expert witnesses and litigation support services by the attorney general's office; 4. to consider removing the opinion question from the 2012 ballot that the Legislature authorized by passing House Joint Resolution 13 in the 2012 General Session and to make modifications to related statutory provisions;


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### EXECUTIVE DOCUMENTS

ATTEST:

2012/4/S5. to consider modifying the accreditation requirements for nursing education programs; and 6. forthe Senate to consent to appointments made by the Governor.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Utah. Done at the Utah State Capitol in Salt Lake City, Utah, this 18th day ofJune, 2012.
Gary R. Herbert Governor

Greg Bell Lieutenant Governor



### Governor's Declaration: Concerning Fire DangerThroughout Utah
DECLARATION Concerning Fire DangerThroughout Utah WHEREAS, due to dry conditions, high temperatures, low humidity, winds, and other factors, the danger of fires is extremely high throughoutthe State of Utah; WHEREAS, fires have burned and continue to burn in Utah and present serious threats to life, public safety, property, natural resources, and the environment; WHEREAS, fires are very costly to federal, state, and local governments as well as to private citizens; WHEREAS, many of Utah's cities and counties have urban wildland interface areas that are more susceptible to the dangers ofwildland fires; WHEREAS, many private residences, public and private infrastructure, critical watershed, and grazing and wildlife habitat are located in the urban wildland interface areas; WHEREAS, due to the dangerous fire conditions, the Utah Division of Forestry, Fire and State Lands, and various federal agencies, have already implemented fire restrictions on all state, federal, and unincorporated private lands; WHEREAS, use of private fireworks, inappropriate open fires, use of matches or cigarettes near dry areas and wildlands, and other similar circumstances increase the risks offire; WHEREAS, prudent and immediate action is required to suppress fires and reduce the danger of additional fires in orderto protect life, public safety, property, natural resources, and the environment;

10 

### UTAHSTATEBULLETIN, July 01, 2012,

### Vol. 2012,

### No. 13

### EXECUTIVEDOCUMENTS NOW, THEREFORE, I, Gary R. Herbert, Governor ofthe State of Utah, on this 22nd day ofJune, 2012, do hereby call upon local governments to take appropriate actions to reduce the risks ofadditional fires, including regulating private fireworks to the extent permitted by law; and, ADDITIONALLY, I encourage all residents ofthe State of Utah to reduce the risks offire, abide by current restrictions, and take sensible and appropriate action. Gary R. Herbert Governor

End ofthe Executive Documents Section



### UTAHSTATEBULLETIN, July01, 2012, Vol. 2012, No. 13 II

### NOTICES OF 

# PROPOSED RULES A state agency may file a PRoPosED RuLE 

### when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between June 02, 2012, 12:00 a.m., and June 15, 2012. 11:59 p.m. are included in this, the July 01, 2012 issue ofthe Utah State Bulletin. 

### In this publication, each PRoPosED RuLE 

### is preceded by a RuLE ANALYSIS. 

### This analysis provides summary information about the PRoPosED RuLE 

### including the name of a contact person, anticipated cost impact of the rule, and legal cross-references. Following the RuLE ANALYSis, 

### the text ofthe PRoPosED RuLE 

### is usually printed. New rules oradditions made to existing rules are underlined (e.g., example). Deletions made to existing rules are struck outwith brackets surrounding them (e.g., [e>Eample]). Rules being repealed are completely struck out. A row of dots in the text between paragraphs (

....... ) indicates that unaffected text from within a section was removed to conserve space. Unaffected sections are not printed. Ifa PROPOSED RuLE 

### is too long to print, the Division ofAdministrative Rules will include only the RuLE ANALYSIS. 

### A copy of each rule that is too long to print is available from the filing agency or from the Division of Administrative Rules. The law requires that an agency accept public comment on PROPOSED RuLEs 

### published in this issue ofthe Utah State Bulletin 

### until at least July 31, 2012. The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the RuLE ANALYsis. 

### 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 ofthe proposed rule." From the end of the public comment period through October 29. 2012, the agency may notify the Division of Administrative Rules that it wants to make the PRoPOsED RuLE 

### effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close ofthe public comment period nor more than 120 days after the publication date of this issue of the Utah State Bulletin. 

### Alternatively, the agency may file a CHANGE IN PRoPosED RuLE 

### in response to comments received. Ifthe Division ofAdministrative Rules does not receive a NoncE oF EFFECTIVE DATE 

### or a CHANGE IN PRoPosED RuLE, 

### the PRoPoSED RuLE 

### lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on PROPOSED RuLEs. 

### Commentmaybe directed to the contactperson identifiedon the 

### Rule Analysis foreach rule.
PRoPosED RuLEs 

### are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4- 9, and R15-4-10.

The Proposed Rules Begin onthe Following Page



### UTAHSTATEBULLETIN, July01, 2012, Vol. 2012, No. 13 13NOTICES OF CHANGES IN PROPOSED RULES



### re nactment that was published in the March 1, 2012, issue of e Utah State Bulletin, on page 31. Underlining in the rule bel indicates text that has been added since th publi tion of the proposed rule mentioned above; strike-a. t indica s text that has been deleted. You must view e chang in proposed rule and the proposed repeal nd ent together to understand all of the change that will be nforceable should the agency make thi rule effective.) OR CONSTITUTIONALAUTHORIZAT ection 19-2-104 ANTICIPATED OST OR SAVINGS TO: 

### + THE STATE UDGET: Because these change the repo ing requirements, there are costs orsavings t the state budget. 

### + LOCAL GOVER MENTS: Because the changes only e no anticipated

COMMENTS BY THE DEPARTM T HEAD ON THE FISCAL IMPACT THE LE MAY H.A: ON BUSINESSES: There may be a min r increase due to some additional reporting requirement

. However, these ve been limited in the change of prop ed rule by the add1 ·on of Subsection R307-107-1 (3). OF THIS RULE MAY B R BUSINESS HOURS, AT: NMENTAL QUALITY AIR ALITY FOU TH FLOOR 195 1950

# w S T LAKE CITY, UT 84116-3085 o at the Division ofAdministrative Rules. DIRECT UESTIONS REGARDING THIS RULE TO: 

### + Mark erger by phone at 801-536-4000, by FAX at 536-0 5, .or by Internet E-mail at mberger@utah.gov INT ESTED PERSONS MAY PRESENTTHEIR VIEWS**~** 

### RULE BY SUBMITTING WRITTEN COMMENTS N 

# I ER THAN AT 5:00 PM ON


### 90 DARFileNo. 35865



### R307. Environmental Quality,AirQuality. R307-107. General Requirements: [Una.oidable ]Breakdowns. R307-107-l. Applicability andTiming. (I) The owner or operator of a source shall report breakdowns to the [eJ<eetth•e seeretar,**)~** within 24 hours of the incident via telephone, electronic mail, fax, or other similar method. (2) A detailed written description ofthe circumstance of the incident as described in R307-l07-2, including a corrective program directed at preventing future such incidents, shall be submittedwithin 14 days ofthe onsetofthe incident. 

### [(81 The eJ<eettti,e**seere~ary** may eJRend the 

### 14 dll')**~ime** pel'ied fur sHbmissien eftke**ifleideft~**repeftfer elltlse.)£3) Forthose breakdowns involving only emissions that 

## are monitored in accordance with R307-170. the rl:llorting reqyirements ofR307-170 shall satisfy the reporting deadlines ofR307-107-HI) and (2) In all other respects. the reqyirements in R307-107-H2) and R307- 107-2 shall beconsidered to aonly in addition to the requirements of R307-170. 

### R307-107-2. Reporting. (I) The [ liftll'f'6idable ]breakdown incident report shall include the cause and nature of the event, estimated quantity of emissions (total and excess), time of emissions and any relevant evidence, including, butnotlimited to, evidencethat: (a) There was an equipment malfunction beyond the reasonable control ofthe owneroroperator; (b) The excess emissions could not have been avoided by better operation, maintenance or improved design of the malfunctioning component; (c) To the maximum extent practicable, the source maintained and operated the air pollution control equipment and process equipment in a manner consistent with good practice for minimizing emissions, including minimizing anybypass emissions; (d) Any necessary repairs were made as quickly as practicable, using off-shift labor and overtime as needed and as possible; (e) All practicable steps were taken to minimize the potential impactofthe excessemissions on ambient airquality; and (f) The excess emissions are not part of a recurring pattern that may have been caused by inadequate operation or maintenance, or inadequate design of the malfunctioning component. (2) Theburden ofproofis on the owner oroperatorofthe source to provide sufficient information to demonstrate [tlftHfttheidable bretll(d6n'ft eeel:H'I'ed.]the elements listed in R307-107- 

### lli.1 R307-107-3. EnforcementDiscretion. The**[eJ<eeH~i.e seeretar,]~**  will evaluate, on a caseby-case basis, the information submitted in R307-107-I and 2 to determine whether to pursue enforcement action.[ The eJ<eettti•te seerean, IHII' eleet ft6t te J'llifSHe enfureement 11eh6ft 11iter

UTAHSTATEBULLETIN,July 01, 2012, Vol. 2012, No. 13

### DARFile No. 35865 eeHSieering
..**he~er** 

### el!eess elftissiens reSttl*ee ifoelft 11ft 

### ltftaoeiellele ereal(e6n'ft.] 

### KEY: air pollution, [IIBit'•

### eieable ]breakdowns, excess emissions DateofEnactment orLastSubstantiveAmendment: 2012 Notice ofContinuation: September4, 2008 Authorizing, and Implemented orInterpretedLaw: 19-2-104 

## Environmental Quality, Air Quality 

# R307-202 sion Standards: General Bur mg

ICE OF CHANGE IN PROPOSED R DAR FILE NO.: 35923

FILED: 06/06/2012 I 

### RULE ANALYSIS I THE RULE OR REASoN FOR THE CHANGE: Durin the public comment periocfforthis rule, the Division of Air Q 

### ality (DAQ) received

### ~vera! comments requesting change to the proposed rule. DAQ evaluated these comments an determined that some changes to the proposed rule were w anted. · SUMMARY OF THE LE OR CHANGE: The rule is changed to add an "Ap ·cability" ·ction that clarifies that Rule R307-202 only applie to inco orated community under the authority of county or m icip fire authority. The rule is changed by adding language hr ughout the rule to reinforce that burning by permit can onI ccurwhen the clearing index is 500 or greater. The 30-day nwindow is eliminated, and burning by permit in northern u ties is allowed in the spring between March 30 and y 3 and in the fall between September 15 and Octo r 30, d burning by permit in southern counties is allo d in the s ing between March 1to May 30 and in the fall tween Sept ber 15 to November 15. The section headi g for Section 07-202-3 is changed from "Community W ste Disposal" to "Prohibitions," and language is added ating that no perso shall bum under Rule R307-202 hen the director sues a public announcement un r Rule R307-302 of am ndatory no-bum period. (DAR N E: This change in propose rule has been filed to make a itional changes to a propos d repeal and reenactment th twas published in the April 1, 12, issue of the Utah Stat Bulletin, on page 38. Underlinin in the rule below indi es text that has been added ince the publication

# Jfthe proposed rule mentioned above; trike-out indicates text that has been deleted. You must ·ew the change 

# ·n proposed rule and the proposed repe I and Will b enforceable should the agency make this\ule effe ·e.) \ 

### \

# \ ,/

.... UTAHSTATEBULLETIN, July 01, 2012, Vol. 2012, No. 13 NOTICES OF CHANGES IN PROPOSED RULES TATUTORY OR CONSTITUTIONALAUTHORIZATION F HIS RULE: Section 19-2-104 and Section 65A-8-211

ction 76-10-803 and Subsection 11-7-1(2)(a) AN CIPATED COST OR SAVINGS TO: 

## +T STATE BUDGET: There are no anticipated sts or savin to the state budget as there will be no Clditional costs t administerthe reenacted rule. 

### +LOCA GOVERNMENTS: The repeal and ree actment of Rule R3 -202 will not affect the costs or sav· gs to local governme s, as similar provisions in the reen tment of the rule already xist in the current rule. 

### + SMALL B SINESSES: As this rule e ands burning windows for s me counties, there may be me small costs or savings for all businesses who bum · those counties· however, it is di cult to estimate what tho e costs or

## saving~ would be. 

### + PERSONS HER THAN SM LL BUSINESSES BUSINESSES, OR OCAL GOVERN NTAL ENTITIES:

## A~ this rule expands bu ing windows f some counties, there may be some small sts or savin s for small businesses who bum in those cou ies; howev , it is difficult to estimate what those costs or savi swoulte. COMPLIANCE COSTS F AF. ECTED PERSONS: There may be minimal compliarrce costs for affected persons; however, it is difficultto estim ewhat those costs would be. COMMENTS BY THE D R RTMENT HEAD ON THE FISCAL IMPACT THE RU MA,.Y HAVE ON BUSINESSES: Any changes in the costs r benefits for businesses from the changes in this rule will minimal\ THE FULL TEXT OF. THIS RULE'wAY BE INSPECTED DURING REGULAR USINESS HOU.RS, AT: , ENVIRON NTAL

## QUALITY~ AIR QUA FOURT FLOOR 195 N 1 50 W SALT KE CITY, UT 84116-3085 or at e Division ofAdministrative R les. 

# \ DIRECT QU STIONS REGARDING THIS RULE TO: 

### + Mark Be er by phone at 801-536-4000, by''tAX at 801- 536-0085 r by Internet E-mail at**mberger@utah:~ov** 

### INTER TED PERSONS MAY PRESENTTHEIR \,..WS ON THIS ULE BY SUBMITTING WRITTEN

# COMMvE~TS NO LATE THAN AT 5:00 PM ON \ RULE MAY BECOME EFFECTIVE ON: 07/31/2012 

# \ THORIZED BY: Bryce Bird, Director 

# \

91