# UTAH STATE BULLETIN

OFFICIAL NOTICES OF UTAH STATE GOVERNMENT Filed June 01, 2013, 12:00 a.m. through June 14, 2013 , 11 :59 p.m.
Number 2013-13

July 01, 2013
Nancy 

## L. Lancaster, Editor Kenneth A

. Hansen, Director Kimberly K. Hood, Executive Director

The 

## Utah State Bulletin (Bulletin) is an official noticing publication ofthe executive branch of Utah State Government. The Department ofAdministrative Services, Division ofAdministrative Rules produces the 

## Bulletin under authority ofSection 63G-3-402. Inquiries concerning the substance or applicability of an 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, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic versions ofall administrative rule publications are available at: http://www

.rules.utah.gov/ 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, Salt Lake City 84 11 4 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 bulletin

. Semimonthly

. 

### I. Delegated legislation

--Utah--Periodicals

. 2

. Administrative procedure-Utah--Periodicals. I. Utah

. Office ofAdministrative Rules. KFU440

.A73S7 348

.792'025--DDC 85-643197

# TABLE OF CONTENTS

NOTICES OF PROPOSED RULES................................................................................................................................................. 1 Agriculture and Food Conservation and Resource Management No

. 37680 (Amendment) : R64-2 Utah Conservation Commission Electron ic Proposed Meetings

............. ....... ........2 Commerce Occupational and Professional Licensing No

. 37697 (Amendment) : R156-11 a Barber, CosmetologisUBarber, Esthetician , Electrologist,

and Nail Technician Licensing Act Rule

.... . .... ........ . . . ............ ......................................... . ..... . .......... ... ....... .............. .. 3 No

. 37707 (Amendment) : R156-17b Pharmacy Practice Act Rule

................................. . .......... . ................... . .... . ... . .. 7 No

. 37706 ( Amendment) : R156-69-302b Qualifications for Licensure
- Examination Requirements

- Dentist..

...... . ... . .... . ........... .... ... ..................... . ...... . ............ ... .... . .... .. . . . ..... . . ... . .. .. . ... . .. .............................................. 24 No

. 37705 (Amendment) : R156-70a-304 Continuing Education

......... . .... . ...... ... . ........ . ......... . ..................................25 Education Admin istration No

. 37734 (Amendment) : R277-406 K-3 Reading Improvement Program and the State Reading

Goal.

.............. . ...... . ........... ... . ... ........ . .... ........ . .......... . .. ............... . ... .. ... .................. . ..................... . ..... ...................... 26 No

. 37735 (Amendment) : R277-407-3 Classes and Activities During the Regular School Day

... ... . .......................28 No

. 37736 (Amendment) : R277-422-3 Requirements and Timelines for State-Supported Voted

Local Levy

..... .. ........ . ................... ... .. ....... . .... ........ . ................................... . .... ........ . . . .......... . ........ . .............. . . . ......... 29 No

. 37737 (Amendment) : R277-445-3 Standards

............ .. .. .. . . .... . ...... . ...... ... . ................................................... . ..... 30 No

. 37738 (Repeal and Reenact) : R277-477 Distribution of Funds from the Interest and Dividend Account (School LAND Trust Funds) and Administration of the School LAND Trust Program

..... . . . ..... . ..... .. .........32 No

. 37739 (Amendment): R277-484 Data Standards

.. .. ....... .... .... . . . .. ................ ................. . .. ... ..... . .... .. . .. ....... .. ....... 39 No

. 37740 (Amendment): R277-487 Public School Data Confidentiality and Disclosure

.. ... . ........ ....... ... . .. . .... . ...... .43 No

. 37741 (Amendment) : R277-489 Early Intervention Program

.................................... . .... . ... .... . . ... . ... .. . . . ... ... .. . ... .46 No

. 37742 (Amendment) : R277-490 Beverley Taylor Sorenson Elementary Arts Learning Program

.. . ... .. .......... ... .48 No

. 37743 (Amendment) : R277-602 Special Needs Scholarships
- Funding and Procedures

.. .. . .... .. ... .. .. .. .. ... . ......51 No

. 37744 (Repeal) : R277-606 Grants to Purchase or Retrofit Clean School Buses

............ . . . ... .... .. .. .. .. .. ... .. . . .. .....55 No

. 37745 (Amendment) : R277-617 Smart School Technology Program

. . . ... . .........................................................56 No

. 37746 (New Rule) : R277-619 Student Leadership Skills Development...

............. ........... . .... .. .. ... ... . ....... . . . ....... 58 Environmental Quality Air Quality No

. 37703 (Amendment) : R307-214 National Emission Standards for Hazardous Air Pollutants

........ . ..................60 No

. 37704 (New Rule) : R307-361 Architectural Coatings

. ... .. .. . .... . .. ... ........... ... . ........... . ..... ... . ........ ... ........ .. .... ....... .64 Drinking Water No

. 37722 (Amendment) : R309-500 Facility Design and Operation : Plan Review, Operation and

Maintenance Requirements

.. ..... . ................... . ........ .. .. ..... .. .. ..... ..... .. . .... ......... .. ............. . ... . ... ... . ... . .................. ....... 73 No

. 37724 (Amendment) : R309-510 Facility Design and Operation : Minimum Sizing Requirements

. ... ................77 No. 37725 (Amendment) : R309-511 Hydraulic Modeling Requirements

........ . ...................... ............... . ............. .... .81 No

. 37726 (Amendment) : R309-515 Facility Design and Operation : Source Development...

. ................... . . . .........84 No. 37727 (Amendment) : R309-520 Facility Design and Operation : Disinfection

.. . ..... .. ...... ... .. .... .. ... ... . ....... . ........ 93 No

. 37728 (Amendment) : R309-525 Facility Design and Operation : Conventional Surface Water Treatment.

......... .......................... . ......... . ...... ...................................... .. ......... .. .... . ... .. . ..... .. .. . .......... . . .. . ... ... . .......... 103 No. 37729 (Amendment) : R309-530 Facility Design and Operation : Alternative Surface Water Treatment Methods

.. .. ........ . .... . . . .... ... . . ... . ..... . . .................................. . ... ... . ... ........ . . ... ... .. ... . . ... ...... . .. .. . ... .. ..... ... .... . .. 114 No

. 37730 (Amendment): R309-535 Facility Design and Operation: Miscellaneous Treatment

Methods

....... .. .... ... .. ....... . .. ... ... . ..... .... ... .. ..... .. ........ . . ... . . .. ... . .............................................................. . ..... . . ............. 117 Health Administration No

. 37679 (Amendment) : R380-250 HIPAA Privacy Rule lmplementation

.. . ..... . ................................................... 122 Health Care Financing , Coverage and Reimbursement Policy No. 37715 (Amendment): R414-1-5 Incorporations by Reference

......... . ................... .... . ... . .... . . . ... ... . . ..... ... ........ .... 123 No

. 37696 (Amendment) : R414-51 Dental , Orthodontia

.................................. . . ........................ . . .... . ... ...... ... . ... . .... 128 Family Health and Preparedness , Emergency Medical Services No

. 37681 (New Rule) : R426-1 General Definitions

............................................ ....... ... ... . .......... . ... . ..... .. ...... . ....... 130



### UTA HSTA T EBULL ETI N, July 01 , 2013 , 

### Vol. 2013 , 

### No
. 13

### T ABLE OF CONTENTS
No. 37682 (New Rule) : R426-2 Emergency Medical Services Provider Designations ,

Critical Incident Stress Management and Quality Assurance Reviews

..... ... . ... .... ... ... ... .. .. ... ... . .. .. . . . ... .. . ...... . . . ...... 133 No

. 37683 (New Rule) : R426-3 Licensure

........................................ . . ..... .. ...... . ...... ... .. .. ... . .... . .......... . .................... 137 No. 37684 (New Rule) : R426-4 Operations

.......... . .......... .. ................ . ................ . ......... . ... .. .. ... . ... .. ....... .... .. ... ... .... . 141 No

. 37685 (Repeal and Reenact) : R426-5 Statewide Trauma System Standards

. ..... ..... .. ....... ... .. . ... .... ... ... . ..... ... 155 No. 37686 (Repeal and Reenact) : R426-6 Emergency Medical Services Competitive Grants

Program Rules

... .... .... . . .. . ... . . . . . .... ... ..... .. ... . .. .. .. .. .. . ... ..... .. ... ...... ... ... .... .. .. .. .... .... ... . ... .... ....... .... . . .... ........ . ....... . ....... . 165 No. 37687 (Repeal and Reenact): R426-7 Emergency Medical Services Prehospital Data System

Rules

. .... .. ... .. . ... . ... .. . . ... .. ..... .. ... .. .. .. . ... .. .. .. ... .. ... . ..... ... .. . ... ...... .. .. ...... .. .. . . ... ... .. . ... .. ................ . .... ..... ......... . ....... . .. ... . 168 No

. 37688 (Repeal and Reenact): R426-8 Emergency Medical Services Per Capita Grants Program

Rules

... ... ...... .. .. .. . ... .... .. .. . .... .... ... .... .... .. ... ..... . . ... . .. . ... ... ... ...... ..... ..... ......... ...... .. ... .... .. ... . ... . ... .... ............ . ......... . ...... 176 No

. 37689 (New Rule): R426-9 Statewide Trauma System Standards

. .......... . ... ... . ...... .. ... .............. .. ..... . .. . ... . .... .. 178 No

. 37690 (Repeal) : R426-11 General Provisions

.... .. .. . ... ... . .......... . ... ... . ...... . ..... .. .............. . .... . .......... .. ......... . . . . . . . . 182 No

. 37691 (Repeal): R426-12 Emergency Medical Services Training and Certification Standards

.... . . ... . ............ 184 No. 37692 (Repeal) : R426-13 Emergency Medical Services Provider Designations

.... . ....... ... .. .. ............. . ..... ...... 185 No

. 37693 (Repeal) : R426-14 Ambulance Service and Paramedic Service Licensure

.............. . .. .......... . ....... . ..... 187 No

. 37694 (Repeal) : R426-15 Licensed and Designated Provider Operations

...... ... . ...... ......... .. ... . ........ .. .. . .... . . . .. 191 No

. 37695 (Repeal) : R426-16 Emergency Medical Services Ambulance Rates and Charges

. ... .. . ........ .. .... . . . ... .. . 191 Insurance Administration No

. 37719 (Amendment): R590-160-5 Rules Applicable to All Proceedings

.... ... .... . . . ... .. . ....... .. ....... .. . . ... . .... .. ... .... 193 Natural Resources Wildlife Resources No. 37716 (New Rule) : R657-65 Urban Deer Control.

.. ... ...... . .... .. . ...... .. . .... ........ ... ... . ... .. .. .. .............. .. ... ............ . ... 195 Public Safety Driver License No. 37717 (Amendment): R708-21 Third-Party Testing

. ... .. .. .. .. .... .... . ... ... . ... .. .. ..... .. .. ... .... .. ...... . ....... .. .. .. .. . ... . . . ..... .. 198 No

. 37718 (Repeal and Reenact) : R708-45 Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State

. ... . ... ... . . ... .......... . ...... .. .............. .. .. ......... . ............ . .... .. ............................... . ...... 202 Tax Commission Motor Vehicle Enforcement No

. 37699 (Amendment) : R877-23V-21 Automated License Plate Recognition System Pursuant to

Utah Code Ann

. Section 41-3-105

....................................... ........................................................................ . ....... 205 NOTICES OF CHANGES IN PROPOSED RULES......................................................................................................................207 

### Environmental Quality Air Quality No

. 37275 : R307-342 Adhesives and Sealants

.... ... .. ...... ... ... . ......... ... .... .. . . ... . ... ... . ... .. .. .... . . ... ....... . . . . ... .. .... .... .. ... .. .208 No. 37276 : R307-357 Consumer Products

.............. .................................... . . ... ... . . . ... .. .. .. . . ..... ... .. . ... .. ... ... ... . . ...... ... 213 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION...................................................................... ... 229 

### Agriculture and Food Conservation and Resource Management No

. 37698 : R64-2 Utah Conservation Commission Proposed Electronic Meetings. . ......... ........... .. .. . ..... . . .... . . ...... 229 Plant Industry No. 37700 : R68-9 Utah Noxious Weed Act...

... ... . ..... ... ..... . .... .... . . . ... . ...... . ......... ..... . .. . .. ...... ... .. ...... ... .. .. . ... .. ... . . . ..... .229 Education Administration No

. 37708: R277-403 Student Reading Proficiency and Notice to Parents

... .. .. .. ..... .. .. .. ..... . .. ... .. ... .. .... .. .. .. .. .. . . ..... 230 No

. 37709: R277-406 K-3 Reading Improvement Program and the State Reading Goal.

. ....... ..... .. ... ........ . .......... 230 No

. 37710: R277-477 Distribution of Funds from the Interest and Dividend Account (School

LAND Trust Funds) and Administration of the School LAND Trust Program

. ... ....... ... ............... ... . . ... .. . . . . ....... . .... 231 No

. 37711 : R277-490 Beverley Taylor Sorenson Elementary Arts Learning Program

............ .. .. .... .... . .... .. ............231 No

. 37712: R277-525 Special Educator Stipends

..... .... ...... . .................. ... . .. . .. . ........ ..... . ..... .. ........ . ... .. . ... .... ........... 232 No

. 37713: R277
-602 Special Needs Scholarships
- Funding and Procedures

................. . ................... . . . ........ . ... 232 No

. 37714: R277-617 Smart School Technology Program

. . ...... .. .. . . ... .. . . ... .. .. .. ... .. . ... .. .. .. .. ... . ..... ... ..... . . ......... .. ..... .. 233

ii 

### UTAHSTATE BULL ETI N, July 01 , 2013 , Vol. 201 3, No. 13

### TABLE OF CONTENTS
NOTICES OF RULE EFFECTIVE DATES

..................•••...•...•.•.•..•...•..•.•••.•.••••...•. ..••••....•••...••.•..............••.•...••..........••...•...••••••.... 235 RULES INDEX BY AGENCY (CODE NUMBER) AND BY KEYWORD (SUBJECT)

.........................................................................................................................................................237



### UTAH STA T EBULLETI N, July 01 , 2013, Vol. 20 13, No
. 13 iiiDAR File No. 37704


### CO MENTS BY THE DEPARTMENT HEAD ON TH FISC IMPACT THE RULE MAY HAVE ON BUSINESS The E has estimated that the cost to implement thi rule would be 6,628 per ton VOC reduced. Because thi rule is based on a ational rule in which manufacturers ha already produced pro uct that meet the requirements, ost of the cost has alread een borne in previous years . THE FULL TEXT F THIS RULE MAY E INSPECTED, DURING REGULAR T: ENVIRON ME AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT or at the Division o dm1 ·strative Rules

. DIRECT QUESTIONS 

### + Mark Berger by p ne at 801-536-4 0, by FAX at 801- 536-0085 , or by Int net E-mail at mberge INTERESTED RSONS MAY PRESENT T IR VIEWS ON Y SUBMITIING WRITIEN CO ENTS NO AT 5:00 PM ON 07/31/2013

HORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-361. Architectural Coatings. 8307-361-1. Purpose. (I) The pumose of R307-361 is to limit volatile organic compounds CVOC) emissions from architectural coatings (2) This rule specifies architectural coatings storage cleanup and labeling requirements 8307-361-2. Applicability. R307-361 applies to any person who supplies sells offers for sale applies or solicits the application of any architectural coating or who manufactures blends or repackages any architectural coating for use within Box Elder Cache Davis Salt Lake Tooele Utah and Weber counties, 8307-361-3. Definitions. The following additional definitions apply only to R307- "Adhesive" means any chemical substance that is applied for the pumose of bonding two surfaces together other than by mechanical means "Aerosol coating product" means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application or for use in specialized equipment for ground traffic/marking applications

. "Aluminum roof coating" means a coating labeled and formulated exclusively for application to roofs and containing al



### UTAH STATE BULLETI N, July 01 , 2013 , Vol. 2013, No
. 13 NOTICES OF PROPOSED RULES
least 84 grams of elemental aluminum pigment per liter of coating {at least 0. 7 pounds per gallon). "Appurtenance" means any accessory to a stationary structure coated at the site of installation. whether installed or detached including but not limited to bathroom and kitchen fixtures · cabinets: concrete forms · doors· elevators: fences · hand railings: heating equipment air conditioning equipment and other fixed mechanical equipment or stationruy tools · lampposts: partitions: pipes and piping systems: rain gutters and downspouts: stairways fixed ladders. catwalks. and fire escapes: and window "Architectural coating" means a coating to be applied to stationary structures or their appurtenances at the site ofinstallation. to portable buildings at the site of installation to pavements. or to**~** (I) Coatings applied in shop applications or to nonstationary structures such as airplanes. ships. boats. railcars. and automobiles and adhesives are not considered architectural coatings for the purnoses ofthis rule "Basement specialty coating" means a clear or opaque coating that is labeled and formulated for application to concrete and masonary surfaces to provide a hydrostatic seal for basements and other below-grade surfaces. meeting the following criteria- (1) Coating must be capable of withstanding at least 

### IO psi ofhydrostatic pressure as determined in accordance with ASTM 07088-04 and: (2) Coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or more. as determined in accordance with ASTM 03273-00 and ASTM 03274-95"Bitumens" means black or brown materials including but not limited to asphalt. tar. pitch. and asphaltite that are soluble in carbon disulfide. consist mainly of hydrocarbons. and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal. "Bituminous roof coating" means a coating that incomorates bitumens and that is labeled and formulated exclusively for roofing for the primary purpose ofpreventing water penetration, "Bituminous roof primer" means a primer that incor:porates bitumens and that is labeled and formulated exclusively for roofing and intended for the pur:pose of preparing a weathered or aged surface or improving adhesion of subsequent surface components. "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer ofconcrete from bonding to the layer over which it is poured "Calcimine recoaters" means a flat solvent borne coating formulated and recommended specifically for coating calciminepainted ceilings and other calcimine-painted substrates, "Coating" means a material applied onto or impregnated into a substrate for protective. decorative or functional pur:poses and such materials include but are not limited to. paints. varnishes. sealers and stains

. "Colorant" means a concentrated pigment dispersion in water. solvent. or binder that is added to an architectural coating after packaging in sale units to produce the desired color,

65NOTICES OF PROPOSED RULES
"Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water and or harden or dustproof the surface of freshly poured concrete. "Concrete/masonry sealer" means a clear or opaciue coating that is labeled and formulated primarily for application to concrete and masomy surfaces to prevent penetration of water provide resistance against abrasion. alkalis. acids. mildew staining. or ultraviolet light. or harden or dustproof the surface of aged or cured concrete. "Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments. primary pigments. resin and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied allowing the. retarded mix of cement and sand at the surface to be washed away . to create an exposed aggregate finish

. "Conjugated oil varnish" means a clear or semitransparent wood coating. labeled as such. excluding lacciuers or shellacs. based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins: a minimum of50% ofthe resin solids consisting ofconjugated oil. "Conversion varnish" means a clear acid coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-component product. "Driveway sealer" means a coating labeled and formulated for application to worn asphalt driveway surfaces to fill cracks. seal the surface to provide protection. or to restore or preserve the appearance. "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry before subseciuent contact with incidental surfaces in the vicinity of the surface coating activity. "Faux finishing coating" means a coating labeled and formulated to meet one or more ofthe following criteria: (!) A glaze or textured coating used to create artistic_ effects. including. but not limited to. dirt. suede. old age. smoke_ damage. and simulated marble and wood grain: (2) A decorative coating used to create a metallic. iridescent. or pearlescent appearance and that contains at least 48 grams of pearlescent mica pigment or other iridescent pigment per liter ofcoating as applied (at least 0.4 pounds per gallon)· or (3) A decorative coating used to create a metallic appearance and that contains less than 48 grams of elemental metallic pigment per liter ofcoating as applied (Jess than 0.4 pounds per gallon): or (4) A decorative coating used to create a metallic appearance and that contains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon) and which reciuires a clear topcoat to prevent the degradation ofthe finish under normal use conditions· or (5) A clear topcoat to seal and protect a faux finishing coating that meets the reciuirements of(]) through (4) of this definition. and these clear topcoats shall be sold and used solely as part ofa faux finishing coating system. "Fire-resistive coating" means a coating labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials. The FireResistive coating category includes sprayed fire resistive materials and intumescent fire resistive coatings that are used to bring

66 DAR File No. 37704
structural materials into compliance with federal state. and local building code reciuirements

. The fire-resistant coatings shall be tested in accordance with ASTM El 19-08. "Flat coating" means a coating that is not defined under. any other definition in this rule and that registers gloss less than 15 on an 85 degree meter or less than 5 on a 60 degree meter according to ASTM D523-89 

### Cl 999). "Floor coating" means an opaciue coating that is labeled and formulated for application to flooring including. but not limited to. decks. porches. steps. garage floors and other horizontal surfaces that may be subject to foot traffic

. "Form-release compound" means a coating labeled and formulated for application to a concrete form to prevent the freshlv poured concrete from bonding to the forn1 which may consist of wood. metal. or some material other than concrete. "Graphic arts coating or sign paint" means a coating labeled and formulated for hand-application by artists using brush. airbrush. or roller teclmiciues to indoor and outdoor signs. excluding structural components. and murals including lettering enamels. poster colors. copy blockers. and bulletin enamels. "High-temperature coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204 degrees Celsius (400 degrees Fahrenheit). "Impacted immersion coating" means a high perfonnance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent debris-laden water. These coatings are specifically resistant to high-energy impact damage by floating ice or debris. "Industrial maintenance coating" means a high performance architectural coating. including primers. sealers. undercoaters intermediate coats. and topcoats. formulated for application to substrates. including floors exposed to one or more of the following extreme environmental conditions: (1) immersion in water. wastewater or chemical solutions (aciueous and non-aciueous solutions) or chronic exposure ofinterior surfaces to moisture condensation: (2) Acute or chronic exposure to cotTosive. caustic or acidic agents or to chemicals. chemical fumes. or chemical mixtures or solutions: (3) Freciuent exposure to temperatures above 121 degrees Celsius (250 degrees Fahrenheit): (4) Freciuent heavy abrasion. including mechanical wear and freciuent scrubbing with industrial solvents. cleansers. or scouring agents: or (5) Exterior exposure of metal structures and structural components. "Low solids coating" means a coating containing 0.12 kilogram or less of solids per liter (] pound or less of solids per gallon) of coating material as recommended for application by the. manufacturer. "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water. "Manufacturer's maximum thinning recommendation" means the maximum recommendation for thinning that is indicated on the label or lid ofthe coating container. "Mastic texture coating" means a coating labeled and formulated to cover holes and minor cracks and to conceal surface



### UTAH STATE BULLETIN, July 01 , 2013 , Vol. 2013 , No. 13DAR File No. 37704 irregularities. and is applied in a single coat of at least 10 mils (at least 0.010 inch) drv film thickness

. "Medium density fiberboard CMDF)'' means a composite wood product panel. molding, or other building material composed of cellulosic fibers, usually wood made by dry forming and pressing ofa resinated fiber mat. "Metallic pigmented coating" means a coating that is labeled and formulated to provide a metallic appearance and must contain at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied <at least 0.4 pounds per gallon)

. . when tested in accordance with SCAOMD Method 318-95 but does not include coatings applied to roofs or zinc-rich primers , "Multi-color coating" means a coating that is packaged in a single container and that is labeled and formulated to exhibits more than one color when applied in a single coat "Non-flat coating" means a coating that is not defined under any other definition in this rule and that registers a gloss of 15 or greater on an 85-degree meter and five or greater on a 60-degree meter according to ASTM D523-89 ( 1999). ''Non-flat/high-gloss coating" means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter according to ASTM D523-89 ( 1999) ''Nuclear coating" means a protective coating formulated and recommended to seal porous surfaces such as steel or concrete that otherwise would be subject to intrusion by radioactive materials. These coatings must be resistant to long-term cumulative radiation exposure according to ASTM Method 4082-02 relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likelv to be exposed according to ASTM Method D 3912-95 (2001 ), "Particleboard" means a composite wood product panel, molding or other building material composed ofcellulosic material. usually wood in the fonn of discrete particles as distinguished from fibers, flakes, or strands which are pressed together with 

### ruin. "Pearlescent" means exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-**~** "Plywood" means a panel product consisting of layers of wood veneers or composite core pressed together with resin and includes panel products made by either hot or cold pressing (with resin) veneers to a platform. "Post-consumer coating" means a finished coatings generated by a business or consumer that have served their intended end uses and are recovered from or otherwise diverted from the waste stream for the pur:pose ofrecycling

. "Pre-treatment wash primer" means a primer that contains a minimum of 0 5% acid. by weight when tested in accordance with ASTM D 1613-06. that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion ofsubsequent topcoats. "Primer sealer, and undercoater" means a coating labeled and formulated to provide a firm bond between the substrate and the subsequent coatings prevent subsequent coatings from being absorbed by the substrate. prevent harm to subsequent coatings by materials in the substrate. provide a smooth surface for the subsequent application of coatings. provide a clear finish coat to seal the substrate. or to block materials from penetrating into or leaching out ofa substrate,



### UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013 , No. 13 NOTICES OF PROPOSED RULES
"Reactive penetrating sealer" means a clear or pigmented coating that is formulated for application to above-grade concrete and masonry substrates to provide protection from water and waterborne contaminants including but not limited to alkalis acids and salts. ( 1) Reactive penetrating sealers penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate, (2) Reactive penetrating sealers line the pores of concrete and masonry substrates with a hydrophobic coating but do not form a surface film. (3) Reactive penetrating sealers shall meet all of the following criteria: (a) The reactive penetrating sealer must improve water repellency at least 80% after application on a concrete or masonry substrate, and this performance shall be verified on standardized test specimens in accordance with one or more of the following standards: ASTM C67-07 ASTM C97-02 or ASTM Cl40-06 

### (b) The reactive penetrating sealer shall not reduce the water vapor transmission rate by more than 2% after application on a concrete or masonry substrate, and this performance must be verified on standardized test specimens, in accordance with ASTM E96/E96M-05

. (c) Products labeled and formulated for vehicular traffic surface chloride screening applications shall meet the performance criteria listed in the National Cooperative Highway Research Report 244 0981)

. "Reactive penetrating carbonate stone sealer" means a clear or pigmented coating that is labeled and formulated for application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including but not limited to alkalis acids. and salts and that penetrates into carbonate stone substrates and chemically reacts to form covalent bonds with naturally occurring minerals in the substrate. They must meet all ofthe following criteria: (!) Improve water repellency at least 80% after application on a carbonate stone substrate This performance shall be veritied on standardized test specimens in accordance with one or more ofthe following standards· ASTM C67-07, ASTM C97-02, orASTM C 140-06: and (2) Not reduce the water vapor transmission rate by more than I 0% after application on a carbonate stone substrate, This performance shall be verified on standardized test specimens in accordance with one or more of the following standards· ASTM E96/E96M-05 "Recycled coating" means an architectural coating formulated such that it contains a minimum of50% by volume postconsumer coating with a maximum of 50% by volume secondary industrial materials or virgin materials

. "Residential" means areas where people reside or lodge, including. but not limited to. single and multiple family dwellings, condominiums mobile homes, apartment complexes. motels, and hotels "Roof coating" means a non-bituminous coating labeled and formulated for application to roofs for the primary pur:pose of preventing water penetration reflecting ultraviolet light or reflecting solar radiation. "Rust preventative coating" means a coating that is for metal substrates only and is formulated to prevent the corrosion of

67NOTICES OF PROPOSED RULES
metal surfaces for direct-to-metal coating or a coating intended for application over rustv. previously coated surfaces but does not include coatings that are required to be applied as a topcoat over a primer or coatings that are intended for use on wood or any other nonmetallic surface. "Secondarv industrial materials" means products or byproducts of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose. "Semitransparent coating" means a coating that contains binders and colored pigments and is formulated to change the color ofthe surface but not conceal the grain pattern or texture. "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Lacitfer lacca). and fonnulated to dry by evaporation without a chemical reaction "Shop application" means an application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing production or repairing process (e.g

.. original equipment manufacturing coatings)

. "Solicit" means to require for use or to specify by written

. or oral contract. "Specialty primer. sealer. and undercoater" means a coating that is formulated for application to a substrate to block water-soluble stains resulting from fire damage. smoke damage. or water damage

. "Stain" means a semi-transparent or opaque coating labeled and formulated to change the color of a surface but not conceal the grain pattern or texture. "Stone consolidanl" means a coating that is labeled and formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. ()) Stone consolidants must penetrate into stone substrates to create bonds between particles and consolidate deteriorated material. (2) Stone consolidants must be specified and used in accordance with ASTM E2 l67-01. "Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals. "Thermoplastic rubber coating and mastic" means a coating or mastic formulated and recommended for application to roofing or other structural surfaces that incorporates no less than 40% by weight ofthermoplastic rubbers in the total resin solids and may also contain other ingredients. including. but not limited to. fillers. pigments. and modifying resins

. "Tint base" means an architectural coating to which colorant is added after packaging in sale units to produce a desired**~** "Traffic marking coating" means a coating labeled and formulated for marking and striping streets. highways. or other traffic surfaces including but not limited to. curbs benns drivewavs parking lots. sidewalks. and airport nmways. "Tub and tile refinish coating" means a clear or opaque coating that is labeled and fonnulated exclusively for refinishing the surface of a bathtub. shower sink. or countertop and that meets the following criteria:

68 DAR File No
. 37704 (]) Has a scratch hardness of 3H or harder and a gouge hardness of 4H or harder. detennined on bonderite 1000 in accordance with ASTM D3363-05· (2) Has a weight loss of20 milligrams or less after 1.000 cycles determined with CS-I7 wheels on bonderite 1000. in accordance with ASTM D4060-07: (3) Withstands l.000 hours or more ofexposure with few or no #8 blisters. determined on unscribed bonderite in accordance with ASTM D4585-99. andASTM D714-02el: and (4) Has an adhesion rating of4B or better after 24 hours of recoverv. determined on unscribed bonderite in accordance with ASTM D4585-99 and ASTM 03359-02. "Veneer" means thin sheets ofwood peeled or sliced from logs for use in the manufacture of wood products such as plywood. laminated veneer lumber or other products. "Virgin Materials" means materials that contain no postconsumer coatings or secondaty industrial materials. "VOC actual" means the weight of VOC per volume of coating and applies to coatings in the low solids coatings category and it is calculated with the following equation: VOC Actual = (Ws

- Ww

- Wee) fVml Where VOC actual = the grams of VOC per liter of_ coating (also known as "Material VOC"» Ws =weight ofvolatiles. in grams · Ww =weight ofwater. in grams: Wee= weight ofexempt compounds. in grams: and Vm =volume ofcoating in liters "VOC content" means the weight of VOC per volume of coating and is voe regulatory for all coatings except those in the low solids category. (I) For coatings in the low solids category. the voe Content is VOC actual. (2) 

### Ifthe coating is a**multi component**  product. the voe content is voe regulatory as mixed or catalyzed

. (3) 

### If the coating contains silanes. siloxanes. or other ingredients that generate ethanol or other voes during the curing process the voe content must include the voes emitted during curing. (4) voe content must include maximum amount of thinning solvent recommended by the manufacturer. "VOC regulatory" means the weight of VOC per volume of coating. less the volume of water and exempt compounds. It is calculated with the following equation: VOC Regulatory= CWs

- Ww

- Wee) IVm

- Vw

- Vee) Where. voe regulatory= grams of voe per liter of coating. less water and exempt compounds (also known as "Coating VOC"l: Ws =weight ofvolatiles. in grams: Ww =weight ofwater in grams: Wee= weight ofexempt compounds in grams · Vm =volume ofcoating. in liters: Vw =volume ofwater. in liters: and Vee= volume ofexempt compounds in liters "Waterproofing membrane" means a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the_ substrate



### UTAHSTATE BULLETIN , July 01 , 2013 , Vol. 2013 , No. 13DAR File No. 37704
(I) Waterproofing membranes are intended for the following waterproofing applications · below-grade surfaces between concrete slabs inside tunnels inside concrete planters and under flooring materials

. (2) The waterproofing membrane category does not include topcoats that are included in the concrete/masonry sealer categorv (e.g

. parking deck topcoats. pedestrian deck topcoats. 

## m.1 (3) Waterproofing Membranes shall: (a) Be applied in a single coat ofat least 25 mils (at least 0,025 inch) dry film thickness· and (b) Meet or exceed the requirements contained in ASTM C836-06. "Wood coatings" means coatings labeled and formulated for application to wood substrates only and include clear and semitransparent coatings: lacquers: varnishes: sanding sealers · penetrating oils: clear stains: wood conditioners used as undercoats: and wood sealers used as topcoats. The Wood Coatings category also includes the following opaque wood coatings· opaque lacquers opaque sanding sealers. and opaque lacquer undercoaters but do not include clear sealers that are labeled and formulated for use on concrete/masonry surfaces or coatings intended for substrates other than wood "Wood preservative" means a coating labeled and formulated to protect exposed wood from decav or insect attack that is registered with the U.S. EPA under the Federal Insecticide. Fungicide and Rodenticide Act (7 United States Code (U S C )_ Section 136. et seq.). "Wood substrate" means a substrate made of wood. particleboard plywood medium density fiberboard. rattan wicker bamboo. or composite products with exposed wood grain but does not include items comprised ofsimulated wood. "Zinc-rich primer" means a coating that contains at least 65% metallic zinc powder or zinc dust by weight oftotal solids and is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings and are intended for professional use only. 

### R307-36l-4. Exemptions. The coatings described in R307-36 l-4(1) through (3) are exempt from the requirements ofR307-36 l. (I) Any architectural coating that is supplied sold offered for sale or manufactured for use outside of the counties in R307-36 l-2 or for shipment to other manufacturers for reformulation or repackaging. (2) Any aerosol coating product. (3) Any architectural coating that is sold in a container. with a volume of one liter 

### <I 057 quarts) or less. including kits containing containers of different colors. types or categories of coatings and two component products and including multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately be sold as one 

### YDiL. fa) The exemption in R307-36 l-4(3) does not include_ bundling of containers one liter or less which are sold together as a. unit with the intent or requirement that they be combined into one container (b) The exemption in R307-361-4(3) does not include packaging from which the coating cannot be applied. This



### UTAH STATE BULLETI N, July 01, 2013, Vol. 2013, No. 13 NOTICES OF PROPOSED RULES exemption does include multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit

. 

### R307-361-S. Standards. (I) Except as provided in R307-361-5(2) and (3) no person shall manufacture blend or repackage for use within the counties in R307-361-2 · supply sell or offer for sale within the_ counties in R307-36 l-5 · or solicit for application or apply within those counties anY architectural coating with a VOC content in excess ofthe corresponding limit specified in Table 

### I.

VOC Content Limit for Architectural and lndustri al Maintenance**~** (Limits are exoressed as 

### voe content. thinned to the manufacturer's maximum thi nni nq recomnendation. excl udi nq any colorant added to tint bases. l COATING CATEGORY 

### VOC Content Limit (qrams/l iterl Flat coatings 50 Non-flat coatings 100 Non-flat/high-gloss coatings 150 Specialty Coatings Al 1J11i num roofing 450 Basement Specialty Coatings 400 Bituminous Specialty Coatj ngs 400 Bituminous roof coatings 270 Bi tl.U'Tii nous roof orimers 350 Bond beakers 350 Caleimine recoaters 475 Concrete curing comoounds 350 Concrete/masonary seal er JOO Concrete surface retarders 7BO Conjugated oil varnish 450 Conversion varnish 725 Driveway sealers 50 Ory fog coatings J50 Faux finishing coatings 350 Fire resistive coatings 350 Floor coatings JOO Form-re1ease comoounds 250 Graphic arts coatings 500

(sign paints) High temperature coatings 420 Impacted Immersion Coatings 7BO Industrial maintenance coatings 250 Low solids coatings J20 Maqnes i te cement coatings 450 Mastic texture coati nqs JOO Meta 11 i c pi qmented coati nqs 500 Multi-color coatings 250 Nuclear coatings 450 Pre-treatment wash pri mers 420 Primers, sealers, and 100

undercoaters Reactive penetrating sealer 350 Reactive penetrating 500 carbonate stone sealer Recycled coatings 250 Roof coati nqs 250 Rust preventative coatings 250 Shellacs:

Cl ear 730 Opaque 550 Specialty primers. sealers. JOO

and undercoaters Stains 250 Stone consol i dant 450 

### 69NOTICES OF PROPOSED RULES
Swirrming pool coatings 340 Thennoplastic rubber coatings 550

and mastic Traffic marking coatings 100 Tub and tile refinish 420 Waterproofing membranes 250 Wood coating 275 Wood Preservatives 350 Zinc-Ri ch Primer 340 (2) 

### Ifa coating is recommended for use in more than one of the specialty coating categories listed in Table 

### I. the most restrictive (lowest) voe content limit shall apply

. (a) This requirement applies to usage recommendations that appear anywhere on the coating container anywhere on any label or sticker affixed to the container. or in any sales. advertising. or technical literature supplied by a manufacturer or anyone acting on their behalf. fb) R307-361-5(2) does not apply to the following coating categories: (i) Aluminum roofcoatings (ii) Bituminous roofprimers (iv) High temperature coatings (v) Industrial maintenance coatings (vi) Low-solids coatings (vii) Metallic pigmented coatings (viii) Pretreatment wash primers (ix) Shellacs (x) Specialty primers. sealers and undercoaters (xi) Wood Coatings (xii) Wood preservatives (xiii) Zinc-rich primers (xiv) Calcimine recoaters (xv) Impacted immersion coatings (xvi) Nuclear coatings (xvii) Thermoplastic rubber coatings and mastic (xviii) Concrete surface retarders (3) Sell-through of coatings. A coating manufactured prior to the effective date specitied for that coating in Table 1 and

. that complied with the standards in effect at the time the coating was manufactured. may be sold. supplied. or offered for sale for up . to three years after the specified effective date

. (a) A coating manufactured before the effective date_ specified for that coating in Table l may be applied at any time

_ both before and after the specified effective date. so long as the coating complied with the standards in effect at the time the coating was manufactured. Cb) R307-361-5f3) does not apply to any coating that does not display the date or date code required by R307-361-6(1) 

### hl (4) Painting practices. All architectural coating containers used when applying the contents therein to a surface directly from the container by pouring. siphoning. brushing rolling. padding ragging or other means. shall be closed when not in use . These architectural coating containers include but are not limited to. drums. buckets. cans. pails. trays or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use. (5) Thinning

. No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in Table 1

70 DAR File No. 37704 (6) Rust preventative coatings. No person shall apply or solicit the application ofany rust preventative coating manufactured before January I 20 I4 for industrial use unless such a rust preventative coating complies with the industri al maintenance coating VOC limit specified in Table I

. (7) Coatings not listed 'in Table 

### I. For any coating that

. does not meet any of the definitions for the specialty coatings categories listed in Table 

### I. the VOC content limit shall be_ determined by classifying the coating as a flat. non-flat. or nonflat/high gloss coating based on its gloss. as defined in R307-36 l-3 and the corresponding flat. non-flat. or non-flat/high gloss coating YOC limit in Table I shall apply. R307-361-6. Container Labeling Requirements. (l) Each manufacturer of any architectural coating subject to R307-36 I shall display the information listed in R307- 36l-6(l)(a) through (c) on the coating container (or label) in which the coating is sold or distributed

. (a) Date Code. (i) The date the coating was manufactured. or a date code representing the date. shall be indicated on the label. lid or bottom ofthe container

. (ii) 

### Ifthe manufacturer uses a date code for any coating. the manufacturer shall file an explanation of each code with the director upon request. (b) Thinning Recommendations. fi) A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid ofthe container. fii) This requirement does not apply to the thinning of_ architectural coatings with water. 

### Ciiil lf thinning of the coating prior to use is not necessary. the recommendation shall specify that the coating is to be applied**\.\~thout** thinning

. (cl VOC Content. (i) Each container of any coating subject to this rule shall display one of the following values. in grams of voe per liter of.**~** CAl Maximum VOC content as determined from all potential product formulations: (B) voe content as determined from actual fomrnlation CCl VOC content as detennined using the test methods in

. R307-361-8. (ii) 

### Ifthe manufacturer does not recommend thinning. the container shall display the VOC Content as supplied. (iii) If the manufacturer recommends thinning the container shall display the VOC Content. including the maximum amount ofthinning solvent recommended by the manufacturer (iv) If the coating is a multicomponent product the container shall display the voe content as mixed or catalyzed. (v) If the coating contains silanes. siloxanes. or other ingredients that generate ethanol or other voes during the curing process the voe content shall include the voes emitted during (2) Faux finishing coatings

. The labels of all clear topcoat faux finishing coatings shall prominently display the statement. "This product can only be sold or used as part of a faux finishing coating system."



### UTAHSTATE BULLETIN , July 01 , 2013, Vol. 2013 , No
. 13DAR File No. 37704 (3) Industrial maintenance coatings. The label of all industrial maintenance coatings shall prominently display at least one ofthe following statements: (a) "for industrial use only· " 

### (b) "for professional use only;" or (c) "not for residential use" or "not intended for residential use." (4) Rust preventative coatings The labels of all rust preventative coatings shall prominently display the statement "For metal substrates only." (5) Non-flat/high-gloss coatings. The labels of all nonflat/high -gloss coatings shall prominently display the words "high**~** (6) Specialty primers. sealers and undercoaters The labels of all specialty primers. sealers and undercoaters shall prominently display one or more ofthe following descriptions: (a) "For blocking stains;" (b) "For smoke-damaged substrates:" (c) "For fire-damaged substrates:" (d) "For water-damaged substrates·" or (e) "For excessively chalky substrates

." (7) Reactive penetrating sealers. The labels of all reactive penetrating sealers shall prominently display the statement. "Reactive penetrating sealer." (8) Reactive penetrating carbonate stone sealers. The labels of all reactive penetrating carbonate stone sealers shall prominently display the statement. "Reactive penetrating carbonate stone sealer." (9) Stone consolidants

. The labels of all stone consolidants shall prominently display the statement. "Stone consolidant -For professional use only." (10) Wood coatings. The labels of all wood coatings shall prominently display the statement "For wood substrates only

." (11) Zinc rich primers. The labels of all zinc rich primers shall prominently display one or more ofthe following descriptions· fa) "For professional use only:" Cb) "For industrial use only:" or (c) "Not for residential use" or "Not intended for residential use " 

### R307-361-7. Reporting Requirements. (I) Within 180 days of written request from the director. the manufacturer shall provide the director with data concerning the distribution and sales of architectural coatings. including. but not limited to:(a) The name and mailing address ofthe manufacturer: 

### (b) The name address and telephone number of a contact (c) The name of the coating product as it appears on the label and the applicable coating catego1y (d) Whether the product is marketed for interior or exterior use or both· <el The number ofgallons sold in counties listed in R307- 361-2 in containers greater than one liter (1.057 quart) and equal to or less than one liter (I 057 @art) · 

### <O The VOC actual content and VOC regulatory content in grams per liter:



### UTAH STATE BULLETIN , July 01, 2013, Vol. 2013, No. 13 NOTICES OF PROPOSED RULES
(j) 

### If thinning is recommended. list the voe actual content and VOC regulatory content after maximum recommended thinning. (ii) 

### Ifcontainers less than one liter have a different voe content than containers greater than one liter list separately (iii) 

### Ifthe coating is a multi-component product. provide the voe content as mixed or catalyzed. (gl The names and CAS numbers of the VOC constituents in the product· (hl The names and CAS numbers of any compounds in. the product specifically exempted from the voe definition in R307-101· (i) Whether the product is marketed as solvent-borne. waterborne. or 100% solids· (j) Description ofresin or binder in the product· (k) whether the coating is a single-component or multicomponent product; (I) The density ofthe product in pounds per gallon · (m) The percent by weight of: solids. all volatile materials. water and any compounds in the product specifically exempted from the VOC definition in R307- l0l: and (n) The percent by volume of : solids. water and any_ compounds in the product specifically exempted from the voe definition in R307-l 01. 

### R307-361-8. Test Methods. (!) Calculation ofVOC content (a) For the pui:pose of determining compliance with the VOC content limits in Table I. the VOC content of a coating shall be calculated by following the appropriate formula found in the definitions ofVOC actual VOC content and VOC regulatory found in R307-361-3. Cb) The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured

. (c) Ifthe manufacturer does not recommend thinning the voe content shall be calculated for the product as supplied. (d) 

### If the manufacturer recommends thinning the voe content shall be calculated including the maximum amount of thinning solvent recommended by the manufacturer (el 

### Ifthe coating is a multi-component product the voe content shall be calculated as mixed or catalyzed. 

### <O The coating contains silanes. siloxanes. or other ingredients that generate ethanol or other voe during the curing process the voe content shall include the voes emitted during £2) voe content ofcoatings

. (al To determine the VOC content of a coating the manufacturer may use EPA Method 24 SCAOMD Method 304-91 (revised Februaryl996l. or an alternative method formulation data or any other reasonable means for predicting that the coating has been formulated as intended (e

.g.. quality assurance checks recordkeeping). (b) Ifthere are any inconsistencies between the results of EPA Method 24 test and anY other means for determining VOC content. the EPA Method 24 test results will govern. (c) The exempt compounds content shall be determined by ASTM D 3960-05. SCAOMD Method 303-91 <Revised 1993).

71NOTICES OF PROPOSED RULES
BAAOMD Method 43 (Revised 1996). or BAAOMD Method 41 (Revised 1995). as applicable

. (3) Methacrylate traffic marking coatings. Analysis of_ methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to a modification of EPA Method 24 (40 CFR 59 subpart D. Appendix Al which has not been approved for methacrylate multicomponent coatings used for purooses other than as traffic marking coatings or for other classes

. ofmulticomponent coatings. (4) Flame spread index. The flame spread index ofa fireretardant coating shall be determined bv ASTM E84-10. "Standard Test Method for Surface Burning Characteristics of Building Materials." (5) Fire resistance rating. The fire resistance rating of a fire-resistive coating shall be determined by ASTM E 119-08. "Standard Test Methods for Fire Tests of Building Constiuction and Materials." (6) Gloss determination. The gloss ofa coating shall be determined by ASTM D523-89 (1999). "Standard Test Method for Specular**~** (7) Metal content of coatings. The metallic content of a coating shall be determined by SCAOMD Method 318-95. "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction. SCAOMD Laboratory Methods ofAnalysis for Enforcement Samples." (8) Acid content of coatings. The acid content of a coating shall be detennined by ASTM DI613-06. "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Painl Varnish. Lacquer and Related Products." (9) Drying times. The set-to-touch. dry-hard. dry-totouch and dry-to-recoat times of a coating shall be determined by ASTM Dl640-95 (1999). "Standard Methods for Drying. Curing. or Film Formation of Organic Coatings at Room Temperature." and the tack-free time ofa quick-dry enamel coating shall be determined by the Mechanical Test Method ofASTM D 1640-95

. (lQ) Surface chalkiness. The chalkiness ofa surface shall be determined by using ASTM D4214-07 "Standard Test Methods for Evaluating the Degree ofChalking ofExterior Paint Films." (lJ) Exempt compounds-siloxanes. Exempt compounds that are cyclic. branched. or linear. completely methylated siloxanes. shall be analyzed as exempt compounds by ASTM D 3960-05. "Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings" or by BAAOMD Method 43. "Determination ofVolatile Methylsiloxanes in Solvent-Based Coatings. Inks. and Related Materials." BAAOMD Manual of Procedures. Volume 

### Ill. adopted November 

# um (12) Exempt compounds-parachlorobenzotrifluoride IPCBTF). The exempt compound PCBTF shall be analyzed as an exempt compoundby methods referenced in ASTM D 3960-05 "Standard Practice for Determining Volatile Organic Compound (VOCl Content of Paints and Related Coatings" or by BAAOMD. Method 41. "Determination of Volatile Organic Compounds in Solvent Based Coatings and Related Materials Containing Parachlorobenzotriflouride." BAAOMD Manual of Procedures. Volume UL adopted December 20 1955

. (J 3) Tub and tile refinish coating adhesion. The adhesion of tub and tile coating shall be determined by ASTM D4585-99._ "Standard Practice for Testing Water Resistance of Coatings Using

72 DAR File No. 37704
Controlled Condensation" and ASTM D3359-02 "Standard Test Methods for Measuring Adhesion by Tape Test." 114) Tub and tile refinish coating hardness. The hardness of tub and tile refinish coating shall be determined by ASTM D3363-05. "Standard Test Method for Film Hardness by Pencil 

### illl.'.'. I 15) Tub and tile refinish coating abrasion resistance. Abrasion resistance oftub and tile refinish coating shall be analyzed by ASTM D4060-07. "Standard Test Methods for Abrasion Resistance ofOrganic Coatings by the Taber Abraser." (16) Tub and tile refinish coating water resistance

. Water
. resistance of tub and tile refinish coatings shall be determined by ASTM D4585-99 "Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation" and ASTM D714- 02e 

### I. "Standard Test Method for Evaluating Degree of Blistering of**~** (17) Waterproofing membrane. Waterproofing membrane shall be tested by ASTM C836-06. "Standard Specification for High Solids Content. Cold Liquid-Applied Elastomeric Wateroroofing Membrane for Use with Separate Wearing Course." (l8) Reactive penetrating sealer water repellency. Reactive penetrating sealer water repellency shall be analyzed by ASTM C67-07. "Standard Test Methods for Sampling and Testing Brick and Stiuctural Clay Tile:" ASTM C97 -02

. "Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone:" or ASTM Cl40-06. "Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units." ( 19) Reactive penetrating sealer water vapor transmission. Reactive penetrating sealer water vapor transmission shall be analyzed ASTM E96/E96M-05. "Standard Test Method for Water Vapor Transmission ofMaterials." 120) Reactive penetrating sealer -chloride screening applications. Reactive penetrating sealers shall be analyzed by National Cooperative Highway Research Report 244 Cl 981). "Concrete Sealers for the Protection ofBridge Structures." 121) Stone consolidants. Stone consolidants shall be tested by using ASTM E2167-0 

### I. "Standard Guide for Selection and Use ofStone Consolidants." 122) Radiation resistance -nuclear coatings. The radiation resistance of a nuclear coating shall be determined by ASTM D 4082-02. "Standard Test Method for Use in Light Water Nuclear_ Power Plants." 123) Chemical resistance-nuclear coatings. The chemical resistance of nuclear coatings shall be determined bv ASTM D3912-95 12001). "Standard Test Method for Chemical Resistance ofCoatings Used in Light Water Nuclear Power Plants." R307-361-9. Compliance Schedule. Persons subject to this rule shall be in compliance by_ September I 2014 KEY: air pollution. emission controls. architectural coatings Date ofEnactment or Last Substantive Amendment: 2013 Authorizing. and Implemented or Interpreted Law: 19-2- 104(1): 19-2-101



### UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13

# UTAH STATE BULLETIN

OFFICIAL NOTICES OF UTAH STATE GOVERNMENT Filed September 04, 2013, 12:00 a.m. through September 16, 2013, 11 :59 p.m.
Number 2013-19 October 

## OJ, 2013
Nancy 

## L. Lancaster, Editor Kenneth A

. Hansen, Director Kimberly 

## K. Hood, Executive Director

The 

## Utah State Bulletin (Bulletin) is an official noticing publication ofthe executive branch of Utah State Government. The Department ofAdministrative Services, Division ofAdministrative Rules produces the 

## Bulletin under authority of Section 63G-3-402

. Inquiries concerning the 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, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic versions ofall administrative rule publications are available at: http://www.rules

.utah.gov/ 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, 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 bulletin

. Semimonthly. I
. Delegated legislation

--Utah--Periodicals. 2. Administrative procedure-Utah-Periodicals

. I. Utah. Office ofAdministrative Rules

. KFU440

.A73S7 348.792'025 --DDC 85

-643197

# TABLE OF CONTENTS

EXECUTIVE DOCUMENTS............................................................................................................................................................. 1 Governor Adm inistration Governor's Executive Order E0/08/2013 : Wildland Fire Management...

....... ... ....... . .. . ... . .... .. .. . .. .... ... ... ... ................. 1 Governor's Proclamation 2013/03/E: Calling the Sixtieth Legislature Into the

Th ird Extraordinary Session

.. .. ........ . ....... . .... ... . .... . . . ........................ . ... ... . . . .... .... . . .... ... . ... ..... ... . ... . ....... . .. ... ... . . . . . ...... .. 2 NOTICES OF PROPOSED RULES.................................................................................................................................................3 Agriculture and Food Regulatory Services No

. 37992 (Amendment) : R70-330 Raw Milk for Reta il

.................... .. .. ... ......... . .... . . .... . ... .. ...... . .. ... ... ... .. ..... .. . . ......... ..4 Commerce Occupational and Professional Licensing No

. 37965 (Amendment) : R156-61 Psychologist Licensing Act Rule

.. . .......... . ... . ... ... .......... . ...... ... .. . ... .... . .................7 Education Adm inistration No

. 37998 (Amendment) : R277-106 Utah Professional Practices Advisory Commission Appo intment Process

......................................... . ........... ....... .. ........ . ....... . ...... . ... .... ... . ..... .. .... . .... .. ....... . . .. ... . . . ......... 12 No

. 37999 (Amendment) : R277-113 LEA Fiscal Policies and Accountability

.......... . ................................................ 14 No

. 38000 (Repeal) : R277-402 Online Testing

.. .. . . .............. . ..... .... .......................................................................... 17 No

. 38001 (Amendment) : R277-403 Student Reading Proficiency and Notice to Parents

.. ......................... . . . ........ 19 No

. 38002 (Amendment) : R277-404 Requirements for Assessments of Student Achievement...

..... . ... .. ........ .... . ... 22 No

. 38003 (Repeal) : R277-405 Requirements for Assessment Pilot Programs

...... . ... . . ..... .. ... .... . ..... . ..... . . ... . .... .. .... 26 No

. 38004 (Repeal) : R277-473 Testing Procedures

........................ . ... . .............. .. .... . ... .... .. .. ... ... . .... . .......................27 No

. 38005 (Amendment) : R277-477-4 Distribution of Funds
- Determination of Proportionate

Share

......... . ....... .. ........................................................................................... ........ .. ..................................... . ........ 31 No

. 38006 (Amendment) : R277-502 Educator Licensing and Data Retention

. . .... . ....... . ............ .. ....... . ... . . ......... .. ... 32 No

. 38007 (Amendment) : R277-705 Secondary School Completion and Diplomas

.......... . .......... ... ..... .. ....... .. ........ 37 Environmental Quality Air Quality No

. 37988 (Amendment) : R307-110-10 Section IX, Control Measures for Area and Point

Sources , Part A , Fine Particulate Matter

.................................................................... . . ..... .. ................................. . .41 No

. 37990 (Amendment) : R307-121 General Requirements : Clean Air and Efficient Vehicle Tax Credit..

. ........ ........ . ................... . ............................................. ... . ... .... . ........ . ... . .... .. ... .. ........ . . ... .. .. ... ... .. . . . . ..... .. . .42 No

. 37989 (Amendment) : R307-123 General Requirements : Clean Fuels and Vehicle

Technology Grant and Loan Program

............................................ .. ........ . ............. . ....... ........ . ... .. .. . ........ .. ......... . . .45 No

. 37987 (Amendment) : R307-403-1 Purpose and Definitions

.. .... .... ............. . ...... .. .... . ......... .. .... .. .... . ...... ... .... .. ... .47 Drinking Water No

. 38013 (Amendment) : R309-511 Hydraulic Model ing Requirements

. . .................. .............................. .:............ .48 No

. 38012 (Amendment) : R309-515 Facility Design and Operation : Source Development...

. . ...... ... . .......... . ...... ... 51 Health Family Health and Preparedness, Children with Special Health Care Needs No

. 37984 (Amendment) : R398-20 Early lntervention

..................................................................... . ........ . .. .. . ... . ... . .61 Health Care Financing , Coverage and Reimbursement Policy No

. 37976 (Amendment) : R414-1-5 Incorporations by Reference

.......... . ........ .. . . . . ..... . ........................ . ...................64 Human Services Substance Abuse and Mental Health , State Hospital No

. 37969 (Amendment) : R525-4 Visitors

........................................................................................ . ..... . ... . .... . ... . ... 69 Juven ile Justice Services No. 37986 (Repeal): R547-1 Residential and Nonresidential , Non-Secure Community

Program Standards

....... . ... ... . ..................................................................................................................... ........ . .. .70 Natural Resources Wildl ife Resources No

. 37982 (Amendment) : R657-9 Taking Waterfowl , Common Snipe and Coot..

................... . .............................. .88 No

. 37978 (Amendment) : R657-10 Taking Cougar

...................... ... ... .. .. .. . ..... . . .......... .. ...................... . ..... .. .............. 90 No

. 37977 (Amendment) : R657-11 Taking Furbearers

.................... ........... ...................... .. ................ . . . . . ......... ..... . .91


### UTAHSTA T EBULL ET I N, October 01 , 201 3, V ol. 2013 , No
. 19

### TABLE OF CONTENTS
No

. 37980 (Amendment) : R657-52 Commercial Harvesting of Brine Shrimp and Brine

Shrimp Eggs

................................................. ... .. . .. ... . .. ..... .. ... . .. ......... . ............. . .. ..... ....... .. ............ ... . . ..... .. . .. ..... .. ..... 93 No

. 37981 (Amendment) : R657-60Aquatic Invasive Species lnterdiction

... .... .. ... ...... . .. . ... .. . .... .. ......... . . . .... .. . .. .. .. . . . .96 No

. 37979 (New Rule) : R657-66 Military Installation Permit Program

..................... . . . . ........... . ......... .. ........... . ......... 98 Professional Practices Advisory Commission Administration No. 38008 (Repeal and Reenact): R686-100 Professional Practices Advisory Commission ,

Rules of Procedure: Complaints and Hearings

..................... . ........ . ........... . ......... . .. ........ .... . .............. .. ........ . ...... 101 No

. 38009 (New Rule) : R686-101 UPPAC Hearing Procedures and Reports

........ ... . ............ ... . ...... .. .... ... ..... . ...... 117 No

. 38010 (New Rule) : R686-102 Request for Licensure Reinstatement and Reinstatement

Procedures

... . ..... ... . . . .. .... ... ... ... .. . . .. . .. . ... ..... .. .. .. ..... .. .. ... . . .. . ..... ... ..... .... . .. ... .. .. . .. .. ..... .. .. .. . . ... .. .. ... .. . .. .... .. ... ... . . . ... .. .... 124 No. 38011 (Amendment) : R686-103 Utah Professional Practices Advisory Commission

Review of License Due to Background Check Offenses

.............................................. . . . ......... ... . ... . . . . ........... . ..... 127 Transportation Motor Carrier No. 37996 (Amendment) : R909-1 Safety Regulations for Motor Carriers

........................................ . ..................... 129 Preconstruction No

. 37995 (Amendment) : R930-7-13 Deviations

... . ..... .. ......... . .. . ... .. ..... .. .... ... .. . ...... .. ......... .. ... . ... .. .. .. .. . .......... ... . .... 132 Workforce Services Employment Development No

. 37991 (Amendment) : R986-200 Family Employment Program

........................... . ............... . .. ....... . . ...... .... .. . .. . 133 NOTICES OF CHANGES IN PROPOSED RULES......................................................................................................................137 Environmental Quality Air Quality No

. 37704: R307-361 Architectural Coatings

.......... .. ... . .. .. . . .... . ....... ... .. . .... . ... .. .. .. ...... ... ... . . . ......... .. . ...... . ........ . ........ 138 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION.........................................................................147 Commerce Occupational and Professional Licensing No

. 37997 : R156-5a Podiatric Physician Licensing Act Rule

.. . ..... ... .. . .. . ... .. ... .. . . ... ... ..... .. .... ... .. ... .. .. . ... .... .. . .. . .. .... ... 147 No

. 37974 : R156-63a Security Personnel Licensing Act Contract Security Rule

.. ... .. .... .. .. .. .... ..... . .. . .. . ... ... ... .. ...... 147 No. 37975 : R156-63b Security Personnel Licensing Act Armored Car Rule

.. . .......... .. . ... ..... . .. ...... . .... .... .. ... .... . .. . . .. 148 Education Administration No. 37966 : R277-106 Utah Professional Practices Advisory Commission Appointment

Process

.. . .... . ... .... ... . .. ... .... .. . . ... .. ..... ... .. ...... . .. .... ...... . .... ... . .. .. ... . ......... . .. .. ..... .. .. . ...... . ... . ...... .. .... .......... ... . . . ... ... . ...... . 149 No. 37993 : R277-404 Requirements for Assessments of Student Achievement...

.... .. .. ..... ................ .. . . . . ............. 149 No

. 37994 : R277-705 Secondary School Completion and Diplomas

. .. .......... . . ... ..... ..... ... ... .. . . ... .. .. . .......... . ... . . . . . ... 150 Human Services Administration No. 37983: R495-879 'Parental Support for Children in Care

.. .. .... .. .. .. . ...... .. . . .. ....... ...... .. . . ... . ... .. .. . .... .... .. ... .. ... ... . ... 150 Public Service Commission Administration No

. 37985 : R746-600 Postretirement Benefits other than Pensions

........... . . ..... ... . ... .......... ...... . ....... ............. . .... . . 151 NOTICES OF RULE EFFECTIVE DATES...................................................................................................................................153 RULES INDEX BY AGENCY (CODE NUMBER) AND BY KEYWORD (SUBJECT)......................................................................................................................................................... 155

ii UT AH STA T E B U LLETI N, 

### October 01 , 20 13, Vol. 20 13, No
. 19NOTICES OF CHANGES IN PROPOSED RULES 

# Environmental Quality, Air Quality 

# R307-361 Architectural Coatings :nee OF CHANGE IN PROPOSED RUL 

### DAR FILE NO .: 37704

FILED : 09/12/2013 RULE ANALYSIS PURPOSE THE RULE OR REASON CHANGE : On 6/05/2013 , the Air Quality Board reposed for public commen Rule R307-361 , which is b sed on the Ozone Transport Commission (OTC) Phase I model rule

. The public comm nt period was held from 07/01/2013 to 07/31/2013

. Durin the public comment pe od, the Division of Air Qual ity (DAQ), eceived several com nts that resulted in making substantive hange to the propo ed rule

. : An exemption is

STATUTORY OR ONSTITUTIONAL AUTHO IZATION FOR THIS RULE: Se ion 19-2-101 and Subsection 9-2-104(1) ANTICIPATED OST OR SAVINGS TO : •THE STATE UDGET: The changes made to th change in proposed ru do not create any requirements t t would result in an costs or savings to the state budget. • LOCAL GOVERNMENTS : The changes made to the change i proposed rule do not create any requireme s that would re ult in any costs or savings to local government. • SM L BUSINESSES : Small businesses that are Depa ent of Defense contractors who perform contra tor work at expl icitly mandates the use of military technical d a spe fications will no longer be required to meet tli sta dards in this rule , resulting in savings to the sma b iness . It is diffi cult to determine what type of contractor DAR File No
. 37704



### wo could be done , and therefore it is difficult to estima the savi s. 

## + P SONS OTHER THAN SMALL BUSIN SSES BUSIN SSES , OR LOCAL GOVERNMENTAL E TITIES : Because anufacturers are not expecting to add costs to oducts as a result of this rule , these anges do not result i any additional costs or savings to i:i 

### rsons other than small usinesses , businesses, or local overnmental entities

. COMPLIANCE STS FOR AFFECTED 

### P. changes add an exemption and exte the compliance schedule. There e no changes to thi rule that affect the compliance costs fo ffected persons. COMMENTS BY TH DEPART NT HEAD ON THE FISCAL IMPACT THE LE MAY AVE ON BUSINESSES : These changes add an e mption nd extend the compliance schedule

. The exemption ill r duce any fiscal impact the rule may have on busine e , and the extension of the compliance schedule will g e businesses more time to comply, potentially reducing t e 1scal impact on businesses

.

DIRECT QUE IONS REGARDING THIS R E TO : • Mark Berg r by phone at 801-536-4000 , b FAX at 801- 536-0085 , o by Internet E-mail at mberger@uta gov INTERE ED PERSONS MAY PRESENT THEIR THIS R LE BY SUBMITTING WRITTEN COMM LATE HAN AT 5:00 PM ON

A THORIZED BY: Bryce Bird , Director

R307

. Environmental Quality, Air Quality. R307-361. Architectural Coatings.

R307-361-3. Definitions

. The following additional definitions apply only to R307- 361. "Adhesive" means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means. "Aerosol coating product" means a pressurized coating product containing pigments or resins that dispenses product

UTAH STATE BULLETIN , October 01 , 2013 , Vol. 2013 , No
. 19DAR File No
. 37704 ingredients by means of a propellant, and is packaged in a disposable can for hand-held application or for use in specialized equipment for ground traffic/marking applications. "Aluminum roof coating" means a coating labeled and formulated exclusively for application to roofs and containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0

.7 pounds per gallon)

. "Appurtenance" means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including, but not limited to, bathroom and kitchen fixtures ; cabinets ; concrete forms; doors; elevators; fences ; hand railings ; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools ; lampposts; partitions ; pipes and piping systems; rain gutters and downspouts ; stairways, fixed ladders, catwalks, and fire escapes ; and window screens. "Architectural coating" means a coating to be applied to stationary structures or their appurtenances at the site ofinstallation, to portable buildings at the site of installation, to pavements, or to curbs. 

### (I) Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, rai lcars, and automobiles, and adhesives are not considered architectural coatings for the purposes ofthis rule

. "Basement specialty coating" means a clear or opaque coating that is labeled and formulated for application to concrete and masonary surfaces to provide a hydrostatic seal for basements and other below-grade surfaces, meeting the following criteria: (I) Coating must be capable of withstanding at least I0 psi ofhydrostatic pressure, as determined in accordance with ASTM D7088-04 and; (2) Coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or more, as determined in accordance with ASTM D3273-00 and ASTM D3274-95

. "Bitumens" means black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal. "Bituminous roof coating" means a coating that incorporates bitumens and that is labeled and formulated exclusively for roofing for the primary purpose ofpreventing water penetration. "Bituminous roof primer" means a primer that incorporates bitumens and that is labeled and formulated exclusively for roofing and intended for the purpose ofpreparing a weathered or aged surface or improving adhesion of subsequent surface components. "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer ofconcrete from bonding to the layer over which it is poured. "Calcimine recoaters" means a flat solvent borne coating formulated and recommended specifically for coating calciminepainted ceilings and other calcimine-painted substrates. "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes,



### UTAH STATE BULLETI N, October 01 , 2013 , Vol. 2013 , No
. 19 NOTICES OF CHANGES IN PROPOSED RULES
and such materials include, but are not limited to, paints, varnishes, sealers, and stains

. "Colorant" means a concentrated pigment dispersion in water, solvent, or binder that is added to an architectural coating after packaging in sale units to produce the desired color

. "Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water and or harden or dustproof the surface of freshly poured concrete. "Concrete/masonry sealer" means a clear or opaque coating that is labeled and formulated primarily for application to concrete and masonry surfaces to prevent penetration of water, provide resistance against abrasion, alkalis, acids, mildew, staining, or ultraviolet light, or harden or dustproof the surface of aged or cured concrete. "Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish. "Conjugated oil varnish" means a clear or semitransparent wood coating, labeled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins ; a minimum of50% ofthe resin solids consisting ofconjugated oil. "Conversion varnish" means a clear acid coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-component product. "Department of Defense military technical data" means a specification that specifies design reguirements, such as materials to be used how a reguirement is to be achieved

. or how an item is to
. be fabricated or constructed. "Driveway sealer" means a coating labeled and formulated for application to worn asphalt driveway surfaces to fill cracks, seal the surface to provide protection, or to restore or preserve the appearance. "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity

. "Faux finishing coating" means a coating labeled and formulated to meet one or more ofthe following criteria: (I) A glaze or textured coating used to create artistic effects, including, but not limited to, dirt, suede, old age, smoke damage, and simulated marble and wood grain ; (2) A decorative coating used to create a metallic, iridescent, or pearlescent appearance and that contains al least 48 grams of pearlescent mica pigment or other iridescent pigment per liter ofcoating as applied (at least 0.4 pounds per gallon) ; or (3) A decorative coating used to create a metallic appearance and that contains less than 48 grams of elemental metallic pigment per liter ofcoating as applied (less than 0

.4 pounds per gallon) ; or (4) A decorative coating used to create a metallic appearance and that contains greater than 48 grams of i;Jemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon) and which requires a clear topcoat to prevent the degradation ofthe finish under normal use conditions ; or

139NOTICES OF CHANGES IN PROPOSED RULES (5) A clear topcoat to seal and protect a faux finishing coating that meets the requirements of (I) through (4) of this definition, and these clear topcoats shall be sold and used solely as part ofa faux finishing coating system
. "Fire-resistive coating" means a coating labeled and fonnulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials. The FireResistive coating category includes sprayed fire resistive materials and intumescent fire resistive coatings that are used to bring structural materials into compliance with federal, state, and local building code requirements

. The fire-resistant coatings shall be tested in accordance with ASTM E 119-08

. "Flat coating" means a coating that is not defined under any other definition in this rule and that registers gloss less than 15 on an 85 degree meter or less than 5 on a 60 degree meter according to ASTM D523-89 ( 1999)

. "Floor coating" means an opaque coating d1at is labeled and fonnulated for application to flooring, including, but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces that may be subject to foot traffic

. "Fonn-release compound" means a coating labeled and fonnulated for application to a concrete fonn to prevent the freshly poured concrete from bonding to the fonn which may consist of wood, metal, or some material other than concrete. "Graphic arts coating or sign paint" means a coating labeled and fonnulated for hand-application by artists using brush, airbrush, or roller techniques to indoor and outdoor signs, excluding structural components, and murals including lettering enamels, poster colors, copy blockers, and bulletin enamels. "High-temperature coating" means a high perfonnance coating labeled and fonnulated for application to substrates exposed continuously or intennittently to temperatures above 204 degrees Celsius (400 degrees Fahrenheit)

. "Impacted immersion coating" means a high perfonnance maintenance coating fonnulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water
. These coatings are specifically resistant to high-energy impact damage by floating ice or debris

. "Industrial maintenance coating" means a high perfonnance architectural coating, including primers, sealers, undercoaters, intennediate coats, and topcoats, fonnulated for application to substrates, including floors exposed to one or more of die following extreme environmental conditions : (l) Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure ofinterior surfaces to moisture condensation; (2) Acute or chronic exposure to corrosive, caustic or acidic agents. or to chemicals, chemical fumes, or chemical mixtures or solutions; (3) Frequent exposure to temperatures above 121 degrees Celsius (250 degrees Fahrenheit) ; (4) Frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, or scouring agents ; or (5) Exterior exposure of metal structures and structural components
. "Low solids coating" means a coating containing 0

. 12 kilogram or less of solids per liter (I pound or less of solids per

140 DAR File No
. 37704 gallon) of coating material as recommended for application by the manufacturer

. "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to protect die magnesite cement substrate from erosion by water.
"Manufacturer's maximum thinning recommendation" means the maximum recommendation for thinning that is indicated on the label or lid ofthe coating container. "Mastic texture coating" means a coating labeled and fonnulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least l0 mils (at least 0.0 l0 inch) dry film thickness

. "Medium density fiberboard (MDF)" means a composite wood product, panel, molding, or other building material composed of cellulosic fibers , usually wood, made by dry fonning and pressing ofa resinated fiber mat. "Metallic pigmented coating" means a coating diat is labeled and fonnulated to provide a metallic appearance and must contain at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (at least 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95. but does not include coatings applied to roofs, or zinc-rich priniers

. "Multi-color coating" means a coating that is packaged in a single container and that is labeled and fonnulated to exhibits more than one color when applied in a single coat. "Non-flat coating" means a coating that is not defined under any other definition in this rule and that registers a gloss of 15 or greater on an 85-degree meter and five or greater on a 60-degree meter according to ASTM D523-89 ( 1999). "Non-flat/high-gloss coating" means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter according to ASTM D523-89 ( 1999)

. ''Nuclear coating" means a protective coating fonnulated and recommended to seal porous surfaces such as steel or concrete that otherwise would 

### be subject to intrusion by radioactive materials

. These coatings must be resistant to long-tenn cumulative radiation exposure according to ASTM Method 4082-02, relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed according to ASTM Med1od D 3912-95 

### ([we-1-)lfil.Q)

. "Particleboard" means a composite wood product panel, molding, or other building material composed ofcellulosic material, usually wood, in the fonn of discrete particles, as distinguished from fibers, flakes, or strands, which are pressed together with resin

. "Pearlescent" means exhibiting various colors depending on the angles of illumination and viewing, as observed in motherof-pearl. "Plywood" means a panel product consisting of layers of wood veneers or composite core pressed together with resin and includes panel products made by eid1er hot or cold pressing (with resin) veneers to a platfonn

. "Post-consumer coating" means a finished coatings generated by a business or consumer that have served dieir intended end uses, and are recovered from or odierwise diverted from the waste stream for the purpose ofrecycling. "Pre-treatment wash primer" means a primer that contains a minimum of 0

.5% acid, by weight, when tested in accordance



### UTAH STATE BULLETI N

, October 01 , 2013, Vol. 2013 , No
. 19DAR File No. 37704
with ASTM D 1613-06, that is labeled and fo1mulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion ofsubsequent topcoats.

· "Primer, sealer, and undercoater" means a coating labeled and formulated to provide a firm bond between the substrate and the subsequent coatings, prevent subsequent coatings !Tom being absorbed by the substrate, prevent harm to subsequent coatings by materials in the substrate, provide a smooth surface for the subsequent application of coatings, provide a clear finish coat to seal the substrate, or to block materials from penetrating into or leaching out ofa substrate. "Reactive penetrating sealer" means a clear or pigmented coating that is formulated for application to above-grade concrete and masonry substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts

. ( 1) Reactive penetrating sealers penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. (2) Reactive penetrating sealers line the pores of concrete and masonry substrates with a hydrophobic coating but do not fonn a surface film

. (3) Reactive penetrating sealers shall meet all of the following criteria: (a) The reactive penetrating sealer must improve water repellency at least 80% after application on a concrete or masonry substrate, and this perfonnance shall be verified on standardized test specimens in accordance with one or more of the following standards: ASTM C67

-07, ASTM C97

-02, orASTM CJ40-06. (b) The reactive penetrating sealer shall not reduce tl1e water vapor transmission rate by more than 2% after application on a concrete or masonry substrate, and this performance must be verified on standardized test specimens, in accordance with ASTM E96/E96M-05. (c) Products labeled and formulated for vehicular traffic surface chloride screening applications shall meet the performance criteria listed in the National Cooperative Highway Research Report 244 (1981). "Reactive penetrating carbonate stone sealer" means a clear or pigmented coating that is labeled and formulated for application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including but not limited to, alkalis acids, and salts and that penetrates into carbonate stone substrates and chemically reacts to form covalent bonds with naturally occurring minerals in tl1e substrate

. They must meet all ofthe following criteria: (I) Improve water repellency at least 80% after application on a carbonate stone substrate

. This performance shall be verified on standardized test specimens, in accordance with one or more ofthe following standards: ASTM C67-07, ASTM C97-02, or ASTM CI 40-06; and (2) Not reduce the water vapor transmission rate by more than 10% after application on a carbonate stone substrate. This performance shall be veritied on standardized test specimens in accordance with one or more of the following standards: ASTM E96/E96M

-05. "Recycled coating" means an architectural coating formulated such that it contains a minimum of50% by volume postUTAHSTATE BULLETIN, October OJ , 2013, Vol. 2013 , No
. 19 NOTICES OF CHANGES IN PROPOSED RULES

consumer coating, with a maximum of 50% by volume secondary industrial materials or virgin materials

. "Residential" means areas where people reside or lodge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apattment complexes, motels, and hotels. "Roof coating" means a non-bituminous coating labeled and fonnulated for application to roofs for the primary purpose of preventing water penetration, reflecting ultraviolet light, or reflecting solar radiation

. "Rust preventative coating" means a coating that is for metal substrates only and is formulated to prevent the corrosion of metal surfaces for direct-to-metal coating or a coating intended for application over rusty, previously coated surfaces but does not include coatings that are required to be applied as a topcoat over a primer or coatings that are intended for use on wood or any other nonmetallic surface. "Secondary industrial materials" means products or byproducts of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose. "Semitransparent coating" means a coating that contains binders and colored pigments and is formulated to change the color ofthe surface but not conceal the grain pattern or texture
. "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Laciffer lacca) and formulated to dry by evaporation without a chemical reaction

. "Shop application" means an application of a coating to a product or a component of a product in or on the premises of a factory or a shop as patt of a manufacturing, production, or repairing process (e.g. , original equipment manufacturing coatings). "Solicit" means to require for use or to specify by written or oral contract. "Specialty primer, sealer, and undercoater" means a coating that is fmmulated for application to a substrate to block water-soluble stains resulting from fire datnage, smoke damage, or water damage

. "Stain" means a semi-transparent or opaque coating labeled and formulated to change tl1e color of a surface but not conceal the grain pattern or texture
. "Stone consolidant" means a coating that is labeled and formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. (I) Stone consolidants must penetrate into stone substrates to create bonds between patticles and consolidate deteriorated material. (2) Stone consolidants must be specified and used in accordance with ASTM E2 I67-0 I
. "Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals. "Thermoplastic rubber coating and mastic" means a coating or mastic formulated and recommended for application to roofing or other structural surfaces that incorporates no less than 40% by weight ofthermoplastic rubbers in the total resin solids and may also contain other ingredients, including, but not limited to, fillers , pigments, and modifying resins.

141

### NOTICES OF CHANGES IN PROPOSED RULES
"Tint base" means an architectural coating to which colorant is added after packaging in sale units to produce a desired color. "Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces , including, but not limited to, curbs, benns, driveways, parking lots, sidewalks, and airport runways. "Tub and tile refinish coating" means a clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop and that meets the following criteria: ( 1) 

### Has a scratch hardness of 3H or harder and a gouge hardness of 4H or harder, determined on bonderite 1000, in accordance with ASTM D3363-05; (2) Has a weight loss of 20 milligrams or less after 1,000 cycles, determined with CS-17 wheels on bonderite 1000, in accordance with ASTM D4060-07 ; (3) Withstands 1,000 hours or more ofexposure with few or no #8 blisters, determined on unscribed bonderite in accordance with ASTM D4585-99, and ASTM D714-02el ; and (4) Has an adhesion rating of48 or better after 24 hours of recovery, determined on unscribed bonderite in accordance with ASTM D4585-99 and ASTM D3359-02

. "Veneer" means thin sheets ofwood peeled or sliced from logs for use in the manufacture ofwood products such as plywood, laminated veneer lumber, or other products. "Virgin Materials" means materials that contain no postconsumer coatings or secondary industrial materials

. "VOC actual" means the weight of VOC per volume of coating and applies to coatings in the low solids coatings category and it is calculated with the following equation: VOC Actual = (Ws

- Ww

- Wec)[(Vm) Where, voe actual = the grams of voe per liter of coating (also known as "Material VOC") ; Ws =weight ofvolatiles, in grams; Ww =weight ofwater, in grams; Wee= weight ofexempt compounds, in grams; and Vm =volume ofcoating, in liters "VOC content" means the weight of VOC per volume of coating and is voe regulatory for all coatings except those in the low solids category
. ( I ) 

### For coatings in the low solids category, the VOC Content is VOC actual. (2) If the coating is a multi(=]:component product, the voe content is voe regulatory as mixed or catalyzed

. (3) If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other voes during the curing process, the voe content must include the voes emitted during curing

. (4) voe content must include maximum amount of thinning solvent recommended by the manufacturer

. "VOC regulatory" means the weight of VOC per volume of coating, less the volume of water and exempt compounds. It is calculated with the following equation: VOC Regulatory= (Ws

- Ww

- Wec)L(Vm

- Vw

- Vee) Where, VOC regulatory = grams of VOC per liter of coating, less water and exempt compounds (also known as "Coating VOC") ;

142 Ws =weight ofvolatiles, in grams; Ww =weight ofwater, in grams ; DAR File No. 37704

Wee= weight ofexempt compounds, in grams; Vm =volume ofcoating, in liters; Vw =volume ofwater, in liters; and Vee= volume ofexempt compounds, in liters voe regulatory must include maximum amount of thinning solvent recommended by the manufacturer "Waterproofing membrane" means a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the substrate. ( 1) 

### Waterproofing membranes are intended for the following waterproofing applications: below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. (2) The waterproofing membrane category does not include topcoats that are included in the concrete/masonry sealer category (e.g., parking deck topcoats, pedestrian deck topcoats, etc.). (3) Waterproofing Membranes shall: (a) Be applied in a single coat ofat least 25 mils (at least 0

.025 inch) 

### dry film thickness; and (b) Meet or exceed the requirements contained in ASTM C836-06. "Wood coatings" means coatings labeled and formulated for application to wood substrates only and include clear and semitransparent coatings: lacquers ; varnishes; sanding sealers; penetrating oils ; clear stains; wood conditioners used as undercoats ; and wood sealers used as topcoats
. The Wood Coatings category also includes the following opaque wood coatings: opaque lacquers, opaque sanding sealers, and opaque lacquer undercoaters but do not include clear sealers that are labeled and formulated for use on concrete/masonry surfaces or coatings intended for substrates other than wood. "Wood preservative" means a coating labeled and formulated to protect exposed wood from decay or insect attack that is registered with the U.S

. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 United States Code (U

.S

.C

.) Section 136, et seq.). "Wood substrate" means a substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain but does not include items comprised ofsimulated wood. "Zinc-rich primer" means a coating that contains at least 65% metallic zinc powder or zinc dust by weight oftotal solids and is formulated for application to metal substrates to provide a finn bond between the substrate and subsequent applications of coatings and are intended for professional use only. 

### R307-361-4. Exemptions. The coatings described in R307-36 l-4( I) 

### through (3) are exempt from the requirements ofR307-361. ( 1) 

### Any architectural coating that is supplied, sold, offered for sale, or manufactured for use outside of the counties in R307-36 l-2 or for shipment to other manufacturers for reformulation or repackaging

. (2) Any aerosol coating product.



### UTAH STATE BULLETIN, October 01, 2013 , Vol. 2013, No. 19DAR File No. 37704 (3) Any architectural coating that is sold in a container with a volume of one liter ( 1.057 quarts) or less, including kits containing containers of different colors, types or categories of coatings and two component products and including multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately be sold as one unit. (a) The exemption in R307-36 l-4(3) does not include bundling of containers one liter or less, which are sold together as a unit with the intent or requirement that they be combined into one container.(b) The exemption in R307-361-4(3) does not include packaging from which the coating cannot be applied

. This exemption does include multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit. (4) The requirements ofR307-361-5 Table 1 do not apply to operations that are exclusively covered by Department of Defense military technical data and performed by a Department of Defense contractor and or on site at installations owned and or operated by the United States Armed Forces. R307-361-5. Standards. ( 1) Except as provided in R307-36l-1[5(2) ttrul (3)] , no person shall manufacture, blend, or repackage, [fer ttse
..ithifl the eettnties ifl R397 361 2; ]supply, sell, or offer for sale within the counties in R307-36 l-[5]2; or solicit for application or apply within those counties any architectural coating with a 

## voe content in excess ofthe corresponding limit specified in Table I.

(2) 

### Ifa coating is recommended for use in more than one of the specialty coating categories listed in Table 1, the most restrictive (lowest) 

## voe content limit shall apply

. (a) This requirement applies to usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf

. (b) R307-361-5(2) does not apply to the following coating categories: (i) Aluminum roofcoatings (ii) Bituminous roofprimers (iv) High temperature coatings (v) Industrial maintenance coatings (vi) Low-solids coatings (vii) Metallic pigmented coatings (viii) Pretreatment wash primers (ix) Shellacs (x) Specialty primers, sealers and undercoaters (xi) Wood Coatings (xii) Wood preservatives (xiii) Zinc-rich primers (xiv) Calcimine recoaters (xv) Impacted immersion coatings (xvi) Nuclear coatings (xvii) Thermoplastic rubber coatings and mastic (xviii) Concrete surface retarders



### UTAH STATE BULLETIN , October 01 , 2013, Vol. 2013, No. 19 NOTICES OF CHANGES TN PROPOSED RULES (xix) Conversion varnish (3) Sell-through of coatings

. A coating manufactured prior to [lhe effeeti,·e Elate S!"eeifiee fer lirnt eeatit1g it1 Tullle +]January 

### I. 2015.[ 

### MEI that eefl'l!"liee ,,it11 t11e stttt16ttr6s it1 eHeet at the tit11e the eeating was fllflflttfttetttree,] may be sold, supplied, or offered for sale for up to three years after [lhe S!"eeifiee effeeti,·e tlttte]Januarv I 2015

. (a) A coating manufactured before [the effeetiYe Elate S!"eeifiee fer t11at eeatit1g it1 Tullle !]January I 2015. may be applied at any time[, beth llefere 11116 ttRer the S!"eeifiee effeeti 'e Elate, se let1g tts the eettt:it1g eefl'l!"liee with the st11116ttF6s it1 effeet ttt the tin'le the eeatit1g

..as t11ttt1ttfaett1re6]. (b) R307-361-5(3) does not apply to any coating that does not display the date or date code required by R307-36l-6(1) (a)

. (4) Painting practices

. All architectural coating containers used when applying the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means, shall be closed when not in use. These architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use . (5) Thinning

. No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in Table I. (6) Rust preventative coatings

. No person shall apply or solicit the application ofany rust preventative coating manufactured before January 

### I , 20[+4].Ll. for industrial use, unless such a rust preventative coating complies with the industrial maintenance coating VOC limit specified in Table I

. (7) Coatings not listed in Table 

### I. For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table 1, the VOC content limit shall be determined by classifying the coating as a flat, non-flat, or nonflat/high gloss coating, based on its gloss, as defined in R307-36 l-3 and the corresponding flat, non-flat, or non-flat/high gloss coating VOC limit in Table I shall apply.

R307-361-8. Test Methods. (I) [Cttlet1ltttiet1]Determination ofVOC content. (a) For the purpose of determining compliance with the VOC content limits in Table 

### I , the VOC content of a coating shall be calculated by following the appropriate formula found in the definitions ofVOC actual, VOC content, and VOC regulatory found in R307-36 l-3. (b) The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured

. (c) Ifthe manufacturer does not recommend thinning, the 

## voe content shall be calculated for the product as supplied

. (d) If the manufacturer recommends thinning, the 

## voe content shall be calculated including the maximum amount of thinning solvent recommended by the manufacturer

. (e) If the coating is a multi-component product, the VOC content shall be calculated as mixed or catalyzed

. (f) The coating contains silanes, siloxanes, or other ingredients that generate ethanol or other 

## voe during the curing

143NOTICES OF CHANGES IN PROPOSED RULES

process, the voe content shall include the voes emitted during curing

. (2) voe content ofcoatings. (a) To determine the VOC content of a coating, the manufacturer may use EPA Method 24, SCAQMD Method 304-9 1 (revised February 1996), or an alternative method, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g., quality assurance checks, recordkeeping)

. (b) If there are any inconsistencies between the results of EPA Method 24 test and any other means for determining VOC content, the EPA Method 24 test results will govern. (c) The exempt compounds content shall be determined by ASTM D 3960-05. SCAQMD Method 303-91 (Revised 1993), BAAQMD Method 43 (Revised 1996), or BAAQMD Method 41 (Revised 1995), as applicable. (3) Methacrylate traffic marking coatings

. Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to a modification of EPA Method 24 (40 CFR 59, subpart D, Appendix A), which has not been approved for methacrylate multicomponent coatings used for purposes other than as traffic marking coatings or for other classes ofmulticomponent coatings

. (4) Flame spread index. The flame spread index ofa fireretardant coating shall be determined by ASTM E84-l 0, "Standard Test Method for Surface Burning Characteristics of Building Materials. " (5) Fire resistance rating. The fire resistance rating of a fire-resistive coating shall be determined by ASTM E 119-08, "Standard Test Methods for Fire Tests ofBuilding Construction and Materials." (6) Gloss determination

. The gloss of a coating shall be determined by ASTM D523-89 ( 1999), "Standard Test Method for Specular Gloss." (7) Metal content of coatings

. The metallic content of a coating shall be determined by SCAQMD Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods ofAnalysis for Enforcement Samples. " (8) Acid content of coatings

. The acid content of a coating shall be determined by ASTM D 1613-06, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products

." (9) Drying times

. The set-to-touch, dry-hard, dry-totouch and dry-to-recoat times of a coating shall be determined by ASTM D 1640-95 ( 1999), "Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature," and the tack-free time ofa quick-dry enamel coating shall be determined by the Mechanical Test Method ofASTM D 1640-95

. (I 0) Surface chalkiness

. The chalkiness ofa surface shall be detennined by using ASTM D4214-07, "Standard Test Methods for Evaluating the Degree ofChalking ofExterior Paint Films." ( 11) Exempt compounds-siloxanes

. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds by methods referenced in ASTM D 3960-05 , "Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings" or by BAAQMD Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based

144 DAR File No. 37704 Coatings, Inks, and Related Materials," BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996

. ( 12) Exempt compounds-parachlorobenzotrifluoride (PCBTF). The exempt compound PCBTF, shall be analyzed as an exempt compound_by methods referenced in ASTM D 3960-05 "Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings" or by BAAQMD Method 41 , "Determination of Volatile Organic Compounds in Solvent Based Coatings and Related Materials Containing Parachlorobenzotriflouride, " BAAQMD Manual of Procedures, Volume III, adopted December 20, 1955

. ( 13) Tub and tile refinish coating adhesion

. The adhesion of tub and tile coating shall be determined by ASTM D4585-99, "Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation" and ASTM D3359-02, "Standard Test Methods for Measuring Adhesion by Tape Test." (14) Tub and tile refinish coating hardness. The hardness of tub and tile refinish coating shall be determined by ASTM D3363-05 , "Standard Test Method for Film Hardness by Pencil Test." ( 15) Tub and tile refinish coating abrasion resistance

. Abrasion resistance oftub and tile refinish coating shall be analyzed by ASTM D4060-07, "Standard Test Methods for Abrasion Resistance ofOrganic Coatings by the Taber Abraser." (16) Tub and tile refinish coating water resistance

. Water resistance of tub and tile refinish coatings shall be determined by ASTM D4585-99, "Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation" and ASTM D7 l4- 02e l , "Standard Test Method for Evaluating Degree ofBlistering of Paints

." ( 17) Waterproofing membrane. Waterproofing membrane shall be tested by ASTM C836-06, "Standard Specification for High Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course." ( 18) Reactive penetrating sealer and reactive carbonate**~sealer** water repellency

. Reactive penetrating sealer..J!llil reactive carbonate stone sealer water repellency shall be analyzed by ASTM C67-07, "Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile;" ASTM C97-02, "Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone;" or ASTM Cl40-06, "Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units." ( 19) Reactive penetrating sealer and reactive penetrating carbonate stone sealer water vapor transmission. Reactive penetrating sealer and reactive penetrating carbonate stone sealer water vapor transmission shall be analyzed ASTM E96/E96M-05, "Standard Test Method for Water Vapor Transmission ofMaterials." (20) Reactive penetrating sealer -chloride screening applications. Reactive penetrating sealers shall be analyzed by National Cooperative Highway Research Report 244 ( 1981 ), "Concrete Sealers for the Protection ofBridge Structures ." (21) Stone consolidants. Stone consolidants shall be tested by using ASTM E2 167-0l , "Standard Guide for Selection and Use ofStone Consolidants." (22) Radiation resistance -nuclear coatings. The radiation resistance of a nuclear coating shall be determined by ASTM D 4082-02, "Standard Test Method for Use in Light Water Nuclear Power Plants."

UTAH ST A TE B U LLETIN, October 01 , 2013 , Vol. 2013 , No. 19DAR File No
. 37704 (23) Chemical resistance-nuclear coatings

. The chemical resistance of nuclear coatings shall be determined by ASTM 039 12

-95 (200 I ), "Standard Test Method for Chemical Resistance ofCoatings Used in Light Water Nuclear Power Plants

." R307-361-9

. Compliance Schedule. Persons subject to this rule shall be in compliance by 

### [Sep!en'leer I, 28 14]January 

### I. 20 15

. NOTICES OF CHANGES 

### £N PROPOSED RULES

KEY: air pollution, emission controls, architectural coatings Date of Enactment or Last Substantive Amendment: 2013 Authorizing, and Implemented or Interpreted Law: 19-2- 104( 1); 19-2-101



### End of the Notices of Changes in Proposed Rules Section



### UT

AH ST ATE BULLETJ N, October 0 I, 2013 , Vol. 20 13, No
. 19 145

# UTAH STATE BULLETIN

OFFICIAL NOTICES OF UTAH STATE GOVERNMENT Filed October 16, 2013 , 12:00 a.m. through November 01, 2013, 11 :59 p.m.
Number 2013-22 November 15, 2013
Nancy 

## L. Lancaster, Editor Kenneth A. Hansen, Director Kimberly K. Hood, Executive Director

The 

## Utah State Bulletin (Bulletin) is an official noticing publication ofthe executive branch of Utah State Government. The Department ofAdministrative Services, Division ofAdministrative Rules produces the 

## Bulletin under authority of Section 63G-3-402

. Inquiries concerning the 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, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic versions ofall administrative rule publications are available at: http://www.rules.utah.gov/ 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, 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 bulletin

. Semimonthly. I
. Delegated legislation--Utah--Periodicals. 2. Administrative procedure-Utah-Periodicals

. I. Utah

. Office ofAdministrative Rules

. 

### KFU440

.A 73S7 348

.792'025--DDC 85-643197

# TABLE OF CONTENTS

SPECIAL NOTICES.........................................................................................................................................................................1 

### Commerce Occupational and Professional Licensing Public Notice of 2014 Board and Committee Meeting Schedules

.................. . ....... ..... . .... . .... .. ..... .. . .. ... .. . . .................. 1 Environmental Qual ity Air Qual ity Notice of Public Comment Period for Wildfire Exceptional Event: Event Dates August 7 and 8, 2012

................. .................... .. .... . .......................... . .. ...... . .... .. ....... .. ..... .... . .... ......... .. .... . . . ..... ........... 7 Health Health Care Financing , Coverage and Reimbursement Policy Notice for December 2013 Medicaid Rate Changes

........................... . . . ... ...... .. . ...... ........ . .. . .... ... ... . ...... ... ......... . ........ 8 EXECUTIVE DOCUMENTS.............................................................................................................................................................9 

### Governor Adm inistration Governor's Executive Order E0/010/2013 : Lieutenant Governor's State Bu ilding

Ownersh ip Authority Powers

.......... . ......................... ... ....... . .... . .. . ... . . . ........... ... . . .. ..... . ......... . ............ ... ..... ........ . ........ 9 Governor's Executive Order E0/011/2013 : Lieutenant Governor's State Bonding

Commiss ion Powers

......... ...... ... ... . .......... ..... ......... . ... . ........ . ... ........ ............................................................ . ........... 10 NOTICES OF PROPOSED RULES................................................................................................................................................11 

### Administrative Services Archives No

. 38062 (Amendment) : R17-6-3 Records Storage and Disposal -Arch ives Responsibility

. .. .. ..... .. ...... . ..... ...... . .12 No

. 38064 (Amendment) : R17-8-2 Micrographic Standards

........... . .. . ..... . ..... . ................... . ............ .. ................ ....... 13 Fleet Operations No

. 38073 (Amendment) : R27-7-3 Driver Eligibility to Operate a State Veh icle

.... . ... . ...... . . . .. ... ... . .. ... .. ..... ... . ... . ....... 14 Agriculture and Food Conservation Commission No

. 38071 (New Rule) : R64-3 Utah Environmental Stewardship Certification Program (UESCP) ,

a.k

.a. Agriculture Certificate of Environmental Stewardship (ACES)

.. . ...... .... . ... . . . ... ......... . ... ....... ... ....... ... ..... . .... ... 15 Commerce Occupational and Professional Licensing No. 38075 (Amendment) : R156-17b Pharmacy Practice Act Rule

... . .... . ... .. . . ........... .. ... ........ ... ... ... . ....... ... . ... . ... .. .. .. 17 No

. 38074 (Amendment) : R156-49 Dietitian Certification Act Rule

. . ...... .. ........ . .... . ... .. . ... ........ . ....... .. .. .. ... .. . ... .. .. ......41 No

. 38068 (Amendment): R156-60b Marriage and Family Therapist Licensing Act Rule

.. . ............. .. ... .. ... ... .......... .42 Environmental Quality Rad iation Control No

. 38076 (Amendment) : R313-14 Violations and Escalated Enforcement...

.................................... . .... . . . ......... ... .45 No

. 38082 (Amendment) : R313-25 License Requirements for Land Disposal of Radioactive Waste
- General Provisions

.. .. ....... .. ........................................... . ...................... . .............................. . ...... . ..............49 Health Ch ildren 's Health Insurance Program No

. 38096 (Amendment) : R382-10 Eligibility

...................................................... . ............ . .......... . ..... . ...................... 60 Disease Control and Prevention, Health Promotion No

. 38081 (New Rule) : R384-203 Prescription Drug Database Access

.. . . ...... . ..... ... ... .. . . ..... . ... .... . .. .. . ...... ... . ... ... ... .. 68 Disease Control and Prevention , Environmental Services No. 38089 (Amendment) : R392-302 Design, Construction, and Operation of Public Pools

........................... . .. . ... . .69 Health Care Financing , Coverage and Reimbursement Policy No. 38099 (Amendment) : R414-303 Coverage Groups

.............. . ................ . ........ . ..... ......... . ... ........... .. ... .. .. ..... .. . . ... 76 No

. 38100 (Amendment) : R414-304 Income and Budgeting

.............................................. ... . .................. . ..... . ... . .... 82 No

. 38101 (Amendment) : R414-305 Resources

.. . . ... .............. . .......................... . .................................. .............. .. . . .96 No

. 38083 (Amendment) : R414-306-4 Effective Date of Eligibility

.. .. .... ............... .. . ... .. .... . .. . ....... .. ... ...... ...... . ... . ... .. 106 No

. 38098 (Amendment) : R414-307 Eligibility for Home and Community-Based

Services Waivers

.. .......... . ... . ... ..... .. .. .. . ... .. ..... . .... ... ....... .. ..... . .. ........... ... . ... .......... . .... .. ...... . .... . ..... . . ... .. ... .. .... . .. ........ 107



### UTAHSTATE BULLET I N, November 15, 201 3, V ol. 2013 , No. 22

### TABLE OF CONTE NTS
No

. 38097 (Amendment): R414-308 Appl ication , Elig ibility Determinations and Improper

Med ical Assistance

................ ... . ...... . ..... . .... . ...... . ............... .. ......... ... .. ... .. . . . . ..... . ... ... . .. .. . ... .. ..... .. .. .. ... .. .. . ....... . . . ...... 11 2 Fam ily Health and Preparedness , Emergency Medical Services No

. 38079 (Repeal) : R426-100 Air Medical Service Rules

. .. ....... .. ... ... .......... . ....... . . .. ... . ........ . .......... . . . ....... .. . . . ....... 119 Fam ily Health and Preparedness , Licensing No

. 38086 (Amendment): R432-2-5 Requ irements for a Satell ite Service Operation .......... . ............. . ..... . . . .......... .1 23 Human Resource Management Administration No

. 38077 (Amendment): R477-4-4 Recruitment and Selection for Career Service Positions

.. .. .. .. . . . . ..... . . . . . . . . ..... 1 24 No

. 38092 (Amendment): R477-6-9 Severance Benefit...

.................................. .............. .. ... . ........... .. . . .. . . . . . . .. .. . . . . 1 25 No

. 38084 (Amendment): R477-7 Leave

.. . .... . .. ... .. .. . . .. ... ... .. . ............ . ....... ..................................... . ............. . ..... ... . 1 26 No

. 38091 (New Rule): R477-101 Admin istrative Law Judge Conduct Com m ittee

..... .... ......... . ........ . . . ......... . . . ... . . 1 29 Human Services , Services for People with Disab ilities No. 38093 (Amendment) : R539-4 Behavior Interventions

. ... . ... . .. .. .. . . . ....... ... . . ... . .. ... . .. ............... . . ...... .. ........... . ..... . 132 No

. 38094 (New Rule) : R539-10 Short-Term Limited Wa iting List Services

......... .. ..... ............... . ... . .. . . .. . . . . .. ... . . . ... . 134 No

. 38095 (Repeal) : R539-11 Family Preservation Pilot Program

.... .. ..... .. ...... . .. . . .. . ........ .. . ........ . ...... .. . ... .. . ........... 1 36 Insurance Adm inistration No

. 38069 (Amendment) : R590-96 Rule to Recognize NewAnnuity Mortality Tables for Use

in Determin ing Reserve Liabilities for Annuities

. . . .. . .... . ... . ..... .. .. . . ........................ .. . . . .. .. . ... . .. ..... ... .. .. ... .... ... ... . ...... . 1 37 No

. 38090 (Amendment) : R590-229 Annuity Disclosure

.. . .. ........ . .. . ................ . .......... . .. .. .... . ........ . ... . .... . ............... 1 39 No

. 38087 (New Rule) : R590-268 Small Employer Stop-Loss lnsurance

..... . ........ . .. ...... . ........ . .......... . ........... ....... 142 No. 38088 (New Rule) : R590-269 Ind ividual Open Enrollment Period

... . ...... .... . .... ...... . ............. ... .... .. . . . ... . . . ... .. .... 144 Labor Commission Industrial Accidents No. 38072 (Amendment): R612-400-5 Premium Rates for the Uninsured Employers' Fund

and the Employers' Re insurance Fund

................ ... .... .......... . ...... . ... .. .. ... . ....... ... . ... ... .. .. . . ...... ..... ... . .... .. ... . . . .......... 146 Natural Resources Parks and Recreation No

. 38085 (Amendment): R651-634 Non resident OHV User Permits and Fees

. .... . ..... .. ... . .......... . . . .. .. . .... .... ... ..... 147 NOTICES OF RULE EFFECTIVE DATES................................................................ ........................... ........................................ 149 RULES INDEX BY AGENCY (CODE NUMBER) AND BY KEYWORD (SUBJECT)........................................................................................ .......... .... ..... ........ ... ......... .......................... 151

ii 

### UTAHST ATE BU LLETI N, November 15, 20 13, Vol. 201 3, No. 22

### NOTICES OF 

# RULE EFFECTIVE DATES State law provides for agencies to make their 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 file a notice of effective date any time after the close of comment plus seven days

. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including or after the thirtieth day after the rule's 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 and the agency must start the rulemaking process over. Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3-303, and Sections R15-4-5a and 5b.

Abbreviations AMO =Amendment CPR = Change in Proposed Rule NEW= New Rule R&R = Repeal & Reenact REP= Repeal
Administrative Services Purchasing and General Services No

. 37837 (AMO) : R33-3-3

. Small Purchases Published: 08/01/2013 Effective : 10/24/2013 No

. 37938 (AMO) : R33-11

. Surplus Property Published : 09/15/2013 Effective : 10/24/2013
Alcoholic Beverage Control Administration No

. 37962 (AMO) : R81-1-9

. Liquor Dispensing Systems Published : 09/15/2013 Effective : 10/30/2013
Commerce Occupational and Professional Licensing No

. 37943 (AMO): R156-55d

. Burglar Alarm Licensing Rule Published : 09/15/2013 Effective : 10/29/2013 No

. 37948 (AMO) : R156
-60

. Mental Health Professional Practice Act Rule Published: 09/15/2013 Effective : 10/22/2013 No

. 37944 (AMO) : R156-63a-102. Definitions Published : 09/15/2013 Effective : 10/29/2013 No. 37945 (AMO) : R156-63b-102

. Definitions Published : 09/15/2013 Effective: 10/29/2013



### UTAHST ATE BU LLETI N, November 15, 2013 , Vol. 2013, No
. 22 

### No

. 37942 (AMO) : R156-83. Online Prescribing, Dispensing , and Facilitation Licensing Act Rule Published: 09/15/2013 Effective : 10/22/2013 Real Estate No. 37950 (AMO) : R162-2g-307d

. Instructor Certification for Pre-licensing Education Published : 09/15/2013 Effective : 10/23/2013
Environmental Quality

ir Quality No.' 37704 (NEW) : R307-361

. Architectural Coatings Published: 07/01 /2013 Effective: 10/31/2013 No. 37704 (CPR): R307-361

. Architectural Coatings Published: 10/01/2013 Effective: 10/31/2013 Water Quality No. 37961 (AMO): R317-6-6

. Implementation Published : 09/15/2013 Effective : 10/24/2013**~** 

### Family Health and Preparedness , Emergency Medical Services No. 37681 (NEW): R426-1. General Definitions Published : 07/01 /2013 Effective : 10/18/2013 No

. 37682 (NEW) : R426-2. Emergency Medical Services Provider Designations , Critical Incident Stress Management and Quality Assurance Reviews Published : 07/01/2013 Effective : 10/18/2013 No

. 37683 (NEW) : R426-3

. Licensure Published : 07/01 /2013 Effective: 10/18/2013

149

### NOTICES OF RULE EFFECTIVE DATES
No

. 37684 (NEW): R426-4

. Operations Published: 07/01/2013 Effective : 10/18/2013 No

. 37685 (R&R) : R426-5

. Statewide Trauma System Standards Published: 07/01/2013 Effective : 10/18/2013 No

. 37686 (R&R) : R426-6. Emergency Medical Services Competitive Grants Program Rules Published : 07/01/2013 Effective : 10/18/2013 No

. 37687 (R&R) : R426-7

. Emergency Medical Services Prehospital Data System Rules Published : 07/01/2013 Effective : 10/18/2013 No

. 37688 (R&R) : R426-8

. Emergency Medical Services Per Capita Grants Program Rules Published : 07/01/2013 Effective : 10/18/2013 No

. 37689 (NEW) : R426-9

. Statewide Trauma System Standards Published: 07/01/2013 Effective : 10/18/2013 No

. 37690 (REP) : R426-11

. General Provisions Published : 07/01 /2013 Effective: 10/18/2013 No

. 37691 (REP) : R426-12

. Emergency Medical Services Training and Certification Standards Published : 07/01/2013 Effective : 10/18/2013 No

. 37692 (REP) : R426-13. Emergency Medical Services Provider Designations Published: 07/01/2013 Effective : 10/18/2013 No

. 37693 (REP): R426-14

. Ambulance Service and Paramedic Service Licensure Published: 07/01/2013 Effective : 10/18/2013 No

. 37694 (REP): R426-15

. Licensed and Designated Provider Operations Published: 07/01/2013 Effective: 10/18/2013 No

. 37695 (REP): R426-16

. Emergency Medical Services Ambulance Rates and Charges Published: 07/01 /2013 Effective : 10/18/2013



### 150 Insurance Administration No

. 37861 (AMO) : R590-226

. Submission of Life Insurance Filings Published : 08/15/2013 Effective: 10/16/2013 No

. 37862 (AMO): R590-227

. Submission ofAnnuity Filings Published : 08/15/2013 Effective: 10/16/2013
Public Safety Driver License No

. 37933 (R&R): R708-10

. Classified License System Published: 09/15/2013 Effective : 10/22/2013
Public Service Commission Administration No

. 37508 (AMO) : R746-200. Residential Utility Service Rules for Electric, Gas , Water, and Sewer Utilities Published: 05/01/2013 Effective : 11/01/2013 No. 37508 (CPR) : R746-200. Residential Utility Service Rules for Electric, Gas, Water, and Sewer Utilities Published: 08/15/2013 Effective : 11/01/2013
School and Institutional Trust Lands Administration No

. 37934 (AMO) : R850-5-200

. Payments Published : 09/15/2013 Effective: 10/22/2013
Tax Commission Administration No

. 37935 (AMO): R861-1A-29

. Decisions , Orders , and Reconsideration Pursuant to Utah Code Ann

. Sections 59-1- 205 and 63G-4-302 Published : 09/15/2013 Effective: 10/24/2013 Property Tax No

. 37936 (AMO): R884-24P-33

. 2013 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann

. Section 59-2-301 Published : 09/15/2013 Effective: 10/24/2013 Workforce Services Employment Development No

. 37947 (AMO): R986-400. General Assistance Published : 09/15/2013 Effective: 11/01 /2013



### UTAHST ATE BU LLETI N, November 15, 2013 , Vol. 201 3, o. 22