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 of the executive branch of 

Utah State Government. The Department of Administrative Services, Division of Administrative Rules 

produces the Bulletin under authority of Section 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 of Administrative Rules, PO Box 141007, Salt Lake 

City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic 

versions of all 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 of Administrative 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 of Administrative Rules. 

KFU440.A 73S7 

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 Electronic Proposed Meetings ............................ 2 

Commerce 

Occupational and Professional Licensing 

No. 37697 (Amendment): R 156-11 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): R 156-69-302b Qualifications for Licensure - Examination Requirements 

- Dentist.. ........................... ....... ............................ ........................................ ......... ................................................. 24 

No. 37705 (Amendment): R 156-70a-304 Continuing Education ........................ ...................................................... 25 

Education 

Administration 

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 H STA TE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
TABLE 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 UTA H STATE BULLETIN, 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 STATE BULLETIN, July 01 , 2013, Vol. 20 13, No. 13 iii 

DAR 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 BULLETIN, 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 of installation. 

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 of this 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 of hydrostatic 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 of preventing 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 of concrete 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, 

65 
NOTICES 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 

of 50% of the resin solids consisting of conjugated 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 of the 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 of coating 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 of coating 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 of the 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 of a 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 

of interior 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 of the 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. 13 
DAR 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 of a 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 of cellulosic 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 of subsequent 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 of a 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 of the following criteria: 

(!) Improve water repellency at least 80% after 

application on a carbonate stone substrate This performance shall 

be veri tied on standardized test specimens in accordance with one 

or more of the following standards· ASTM C67-07, ASTM C97-02, 

or ASTM 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 

67 
NOTICES 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 

of the 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 l 67-01. 

"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 of thermoplastic 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 of 20 milligrams or less after 1.000 

cycles determined with CS-I 7 wheels on bonderite 1000. in 

accordance with ASTM D4060-07: 

(3) Withstands l.000 hours or more of exposure 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 of 4B 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 of wood 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 of volatiles. in grams· 

Ww =weight of water. in grams: 

Wee= weight of exempt compounds. in grams: and 

Vm =volume of coating 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) 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= 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 of volatiles. in grams: 

Ww =weight of water in grams: 

Wee= weight of exempt compounds in grams· 

Vm =volume of coating. in liters: 

Vw =volume of water. in liters: and 

Vee= volume of exempt 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 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR 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 of at 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 of simulated wood. 

"Zinc-rich primer" means a coating that contains at least 

65% metallic zinc powder or zinc dust by weight of total 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 BULLETIN, 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 of the 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. ex cl 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 

Ca lei mine 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-re 1 ease 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 

69 
NOTICES 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) If a 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 roof coatings 

(ii) Bituminous roof primers 

(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 speci tied 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 of any rust preventative coating manufactured 

before January I 20 I 4 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-

36 l-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 

of the container. 

(ii) If the 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 of the 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) If the 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 of thinning 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." 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR File No. 37704 

(3) Industrial maintenance coatings. The label of all 

industrial maintenance coatings shall prominently display at least 

one of the 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 of the 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 of the 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 of the 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 of gallons 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) If containers less than one liter have a different voe 

content than containers greater than one liter list separately 

(iii) If the 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 of resin or binder in the product· 

(k) whether the coating is a single-component or multicomponent product; 

(I) The density of the 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- l 0 l: 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) If the 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 If the 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 of coatings. 

(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) 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. SCAOMD Method 303-91 <Revised 1993). 

71 
NOTICES 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. 

of multicomponent coatings. 

( 4) Flame spread index. The flame spread index of a 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 of a 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 of Analysis 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 of a quick-dry enamel coating shall be determined 

by the Mechanical Test Method of ASTM D 1640-95. 

(lQ) Surface chalkiness. The chalkiness of a surface shall 

be determined by using ASTM D4214-07 "Standard Test Methods 

for Evaluating the Degree of Chalking of Exterior 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 of Volatile 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 of tub and tile refinish coating shall be analyzed 

by ASTM D4060-07. "Standard Test Methods for Abrasion 

Resistance of Organic 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." 

(l 8) 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 of Materials." 

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 of Bridge Structures." 

121) Stone consolidants. Stone consolidants shall be 

tested by using ASTM E2167-0 I. "Standard Guide for Selection 

and Use of Stone 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 

of Coatings 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 of the executive branch of 

Utah State Government. The Department of Administrative Services, Division of Administrative Rules 

produces the Bulletin under authority of Section 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 of Administrative Rules, PO Box 141007, Salt Lake 

City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic 

versions of all 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 of Administrative Rules, Salt Lake City 84114 

Unless otherwise noted, all information presented in this publication is in the 

public domain and may be reproduced, reprinted, and redistributed as desired. 

Materials incorporated by reference retain the copyright asserted by their respective authors. 

Citation to the source is requested. 

Utah state bulletin. 

Semimonthly. 

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

I. Utah. Office of Administrative Rules. 

KFU440.A 73S7 

348. 792'025--DDC 85-643197 
TABLE OF CONTENTS 

EXECUTIVE DOCUMENTS ............................................................................................................................................................. 1 

Governor 

Administration 

Governor's Executive Order E0/08/2013: Wildland Fire Management... .................... ........... .. ................................. 1 

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

Third Extraordinary Session ......................... ... ....................................... .................... ................ ............................ .. 2 

NOTICES OF PROPOSED RULES ................................................................................................................................................. 3 

Agriculture and Food 

Regulatory Services 

No. 37992 (Amendment): R70-330 Raw Milk for Retail ...................... ..... ........................ ........... ... ... ... .. ....... ........... . .4 

Commerce 

Occupational and Professional Licensing 

No. 37965 (Amendment): R 156-61 Psychologist Licensing Act Rule .............................................. .... ...................... 7 

Education 

Administration 

No. 37998 (Amendment): R277-106 Utah Professional Practices Advisory Commission 

Appointment 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 Modeling 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 

Juvenile Justice Services 

No. 37986 (Repeal): R547-1 Residential and Nonresidential, Non-Secure Community 

Program Standards .............. .................................................................................................................................. 70 

Natural Resources 

Wildlife 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 

UTA H STATE BULLETIN, October 01 , 201 3, Vol. 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: R 156-63b 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 UTAH STA TE BULLETIN, October 01 , 20 13, Vol. 20 13, No. 19 
NOTICES 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 Quality (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 explicitly 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 difficult 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. 19 
DAR 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 of installation, 

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 of this 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 I 0 

psi of hydrostatic 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 of preventing 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 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 of concrete 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 BULLETIN, 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 

of 50% of the resin solids consisting of conjugated 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 of the 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 of coating 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 of coating 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 of the finish under normal use conditions; or 

139 
NOTICES 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 of a 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 

of interior 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 of the 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 l 0 mils (at 

least 0.0 l 0 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 of a 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 of cellulosic 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 BULLETIN, October 01 , 2013, Vol. 2013, No. 19 
DAR 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 of subsequent 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 of a 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, or ASTM 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 of the 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 of the 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 veri tied 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 of 50% by volume postUTAH STATE 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 

of the 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 I 67-0 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 of thermoplastic 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 of exposure 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 of 48 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 of wood 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 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 of volatiles, in grams; 

Ww =weight of water, in grams; 

Wee= weight of exempt compounds, in grams; and 

Vm =volume of coating, 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 of volatiles, in grams; 

Ww =weight of water, in grams; 

DAR File No. 37704 

Wee= weight of exempt compounds, in grams; 

Vm =volume of coating, in liters; 

Vw =volume of water, in liters; and 

Vee= volume of exempt 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 of at 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 of simulated wood. 

"Zinc-rich primer" means a coating that contains at least 

65% metallic zinc powder or zinc dust by weight of total 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. 19 
DAR 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 R307-36 l-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 of the corresponding limit specified in Table I. 

(2) If a 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 roof coatings 

(ii) Bituminous roof primers 

(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 of any 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 of VOC 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) If the 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 

143 
NOTICES OF CHANGES IN PROPOSED RULES 

process, the voe content shall include the voes emitted during 

curing. 

(2) voe content of coatings. 

(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 

of multicomponent 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 of Building 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 of Analysis 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 of a quick-dry enamel coating shall be determined 

by the Mechanical Test Method of ASTM D 1640-95. 

(I 0) Surface chalkiness. The chalkiness of a surface shall 

be detennined by using ASTM D4214-07, "Standard Test Methods 

for Evaluating the Degree of Chalking of Exterior 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 of tub and tile refinish coating shall be analyzed 

by ASTM D4060-07, "Standard Test Methods for Abrasion 

Resistance of Organic 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 l 4-

02e l, "Standard Test Method for Evaluating Degree of Blistering 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 of Materials." 

(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 of Bridge Structures." 

(21) Stone consolidants. Stone consolidants shall be 

tested by using ASTM E2 167-0l, "Standard Guide for Selection 

and Use of Stone 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 STATE BULLETIN, October 01 , 2013, Vol. 2013, No. 19 
DAR 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 

of Coatings 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, a rchitectural 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 

UTAH STATE B ULLETJN, 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 of the executive branch of 

Utah State Government. The Department of Administrative Services, Division of Administrative Rules 

produces the Bulletin under authority of Section 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 of Administrative Rules, PO Box 141007, Salt Lake 

City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic 

versions of all 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 of Administrative Rules, Salt Lake City 84114 

Unless otherwise noted, all information presented in this publication is in the 

public domain and may be reproduced, reprinted, and redistributed as desired. 

Materials incorporated by reference retain the copyright asserted by their respective authors. 

Citation to the source is requested. 

Utah state bulletin. 

Semimonthly. 

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

I. Utah. Office of Administrative 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 Quality 

Air Quality 

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 

Administration 

Governor's Executive Order E0/010/2013: Lieutenant Governor's State Building 

Ownership Authority Powers .......................................................... ................. ................................... ...................... 9 

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

Commission Powers ......... ......... ... .......................................... ................................................................................ 10 

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

Administrative Services 

Archives 

No. 38062 (Amendment): R 17-6-3 Records Storage and Disposal -Archives 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 Vehicle .................................. ........ ............ 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 

Radiation 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 

Children'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 

UTA H STATE BULLETIN, November 15, 201 3, Vol. 2013, No. 22 
TABLE OF CONTENTS 

No. 38097 (Amendment): R414-308 Application, Eligibility Determinations and Improper 

Medical Assistance ................... ......................... .............................. .. ..... ............. ... ..... .... .. ....... .. .. ..... .. ................. 11 2 

Family Health and Preparedness, Emergency Medical Services 

No. 38079 (Repeal): R426-100 Air Medical Service Rules ... ......... ...... ...................... ................................. ............ 119 

Family Health and Preparedness, Licensing 

No. 38086 (Amendment): R432-2-5 Requirements for a Satellite Service Operation ........................................... . 123 

Human Resource Management 

Administration 

No. 38077 (Amendment): R477-4-4 Recruitment and Selection for Career Service Positions .. .. .. .. ...................... 124 

No. 38092 (Amendment): R477-6-9 Severance Benefit... .................................................. ............... ...... ........ ...... 125 

No. 38084 (Amendment): R477-7 Leave .. ..... ........ .. .... ... ..... ..................... ................................................... ...... ... . 126 

No. 38091 (New Rule): R477-101 Administrative Law Judge Conduct Committee ..... .................................. ...... .. 129 

Human Services , 

Services for People with Disabilities 

No. 38093 (Amendment): R539-4 Behavior Interventions .... ....... .. .. .......... ... ..... ...... ... ....................... .. ........... ...... . 132 

No. 38094 (New Rule): R539-10 Short-Term Limited Waiting List Services ........... ........................ ....... ...... ... ...... . 134 

No. 38095 (Repeal): R539-11 Family Preservation Pilot Program ............. ......... ............. .................. ........ ............ 136 

Insurance 

Administration 

No. 38069 (Amendment): R590-96 Rule to Recognize New Annuity Mortality Tables for Use 

in Determining Reserve Liabilities for Annuities ..... ................. .. ............................ ....... ....... ..... ... .. .. .................... . 137 

No. 38090 (Amendment): R590-229 Annuity Disclosure ..... ........... ............................... .. ...................................... 139 

No. 38087 (New Rule): R590-268 Small Employer Stop-Loss lnsurance ................. ...................................... ....... 142 

No. 38088 (New Rule): R590-269 Individual Open Enrollment Period ... ....... ................................ .... ........ ...... .. .... 144 

Labor Commission 

Industrial Accidents 

No. 38072 (Amendment): R612-400-5 Premium Rates for the Uninsured Employers' Fund 

and the Employers' Reinsurance Fund ....................... ....................... .. ... ........ ... .... ... .. .. ........ ..... ... ....... ... ............. 146 

Natural Resources 

Parks and Recreation 

No. 38085 (Amendment): R651-634 Nonresident OHV User Permits and Fees ............. ... ................ .. ......... ... ..... 147 

NOTICES OF RULE EFFECTIVE DATES ................................................................................................................................... 149 

RULES INDEX 

BY AGENCY (CODE NUMBER) 

AND 

BY KEYWORD (SUBJECT) ......................................................................................................................................................... 151 

ii UTA H STATE BULLETIN, 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): R 156-55d. 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): R 156-63b-102. Definitions 

Published: 09/15/2013 

Effective: 10/29/2013 

UTA H STATE BULLETIN, 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 of Annuity 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 

UTA H STATE BULLETIN, November 15, 2013, Vol. 201 3, o. 22