# UTAH STATE BULLETIN

OFFICIAL NOTICES OF UTAH STATE GOVERNMENT Filed February 02, 2013, 12:00 a.m. through February 15, 2013, 11 :59 p.m.
Number 2013-5 March 01, 2013
Nancy 

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

The 

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

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

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

## Bulletin or the rulemaking process may be addressed to: Division ofAdministrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic versions ofall administrative rule publications are available at: http://www.rules.utah.gov/ The information in this 

## Bulletin is summarized in the 

## Utah State Digest (Digest). The 

## Digest is available by E-mail or over the Internet. Visit http://www.rules.utah.gov/publicat/digest.htm for additional information.Division ofAdministrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired

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

. Citation to the source is requested

. Utah state bulletin. Semimonthly

. I. Delegated legislation-

-Utah--Periodicals. 2

. Administrative procedure-Utah-Periodicals

. 

### I. Utah. Office ofAdministrative Rules. KFU440.A73S7 348.792'025--DDC 85-643197

# TABLE OF CONTENTS

NOTICES OF PROPOSED RULES.. ... ......... .... ............... ....... .............................. ..... ..... .. ..... ..... ....... ...... ............ ..... ................ ....... 1 Agriculture and Food Animal Industry No

. 37262 ( Amendment): R58- 1 Admission and Inspection of Livestock, Poultry, and OtherAn imals

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

. 37270 ( Amendment): R1 56-67-306 Exemptions from Licensure

. ........................ . ........................ . .... ... . ........... 10 No

. 37271 (Amendment): R156-68-306 Exemptions from Licensure

................ ......... ....... . ....... .. ........ . ......... .. .... .. ... 11 Education Adm inistration No

. 37278 (Amendment): R277-445-3 Standards

...... . ...... . ... ...... . . ..... .. . ... . . . ... . ..... .. ........ ... ...... .... ... ...... . ............ . . . ... 1 3 No

. 37279 (New Rule): R277-498 Grant for Math Teaching Train ing ....................... .. .... ... .. . ..... .. ... . .... . .................... 14 No

. 37280 (New Rule): R277-532 Local Board Policies for Evaluation of

Non-Licensed Publ ic Education Employees (Classified Employees)

....................................... .. .. .. ... .. ............. ...... 16 Environmental Qual ity Air Qual ity No

. 37275 (New Rule ): R307-342 Adhesives and Sealants

............................... .. .... .. ........ . .................................... 1 7 No

. 37276 (New Rule): R307-357 Consumer Products

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

. 37268 (Amendment) : R307-401-19 Analysis ofAlternatives

...................................................... .............. . .. . ..... 36 No

. 37269 (Amendment): R307-401-20 Relaxation of Lim itations

.... ...... ...... ............ ......... .. ......... ... . ............... . .......36 No

. 37263 (Amendment) : R307-403-1 Defin itions

.. .... ........ . . .... ... ................................ ... ... ........ ... ... ..... .. .... . ............ 37 No

. 37264 (Amendment) : R307-403-2 Emission Limitations

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

. 37266 (Amendment): R307-403-10 Analysis ofAlternatives...... . . . ............... . ............. .. ....... . ........ ............ . ... .... .42 No

. 37267 ( Amendment) : R307-403-11 Actuals PALs

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

. 37265 ( Amendment): R307-420 Permits: Ozone Offset Requ irements in Davis and Salt Lake Counties... ... .. .. .. .. .......................... .. ....... .. . ............................ ... .......... ....... .... .. ................. . .... 43 Sol id and Hazardous Waste No

. 37305 (Amendment): R315-1 Utah Hazardous Waste Definitions and

Refe rences....... . ..... . ...... ...... ...... .. .... .. ...... ....................................................................... .. ... .. .. ..... .... ..... .. .. . ... . . . ..... .45 No

. 37306 (Amendment) : R315-2 General Requ irements - Identification and

Listing of Hazardous Waste

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

. 37307 ( Amendment): R315-3 Application and Perm it Procedures for Hazardous Waste Treatment, Storage , and Disposal Facilities

..................................... .. .... . .... .... . .... . ........... .. .....63 No

. 37308 ( Amendment): R3 1 5-4 Procedures fo r Decisionmaking ......................... .. . ... ...... ........... . .......... . ....... .. .... 64 No

. 37309 (Amendment): R315-5 Hazardous Waste Generator Requ i rements

.. .. . ............ . ....................................69 No

. 37310 (Amendment): R315-6 Hazardous

.Waste Transporter Requ irements

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

. 373 1 1 ( Amendment): R315-7 Interim Status Requirements for Hazardous Waste Treatment , Storage , and Disposal Facil ities

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

. 37312 (Amendment) : R315-8 Standards for Owners and Operators of Hazardous Waste Treatment, Storage , and Disposal Facilities

..................................................... ... . . .... ... . ............ ........... .... ... 99 No

. 37313 (Amendment) : R315-9 Emergency Controls

....... . ............. ............ . ..... ... . . . .... . . . . ...... .............. ... . ........... 100 No

. 37314 ( Amendment) : R3 1 5-12 Admin istrative Procedures

. . ........................... .. ..... . ...... ............ . ..... .... .. .. . . ...... 10 1 No

. 37315 ( Amendment): R315-13 Land Disposal Restrictions

............... ............. ....... ........... . ........... . ................. 102 No

. 37317 ( Amendment) : R3 1 5-16 Standards for Universal Waste Management...

............................................. 103 No

. 37318 (Amendment): R315-17 End of Life Automotive Mercury Switch

Removal Standards

........ . ......... ... ............. .. .... . . ................................................ . ... ... .. ....................... ............ . ... .. .. 107 No

. 37319 (Amendment): R315
-50-6 Representative Sampl ing Methods

..... ........ .. ............... .. .............. ............... 109 No

. 37320 (Amendment) : R315- 1 01 Cleanup Action and Risk-Based Closure

Standards

.. ................ . ..... .. .......................... . . ........ ... ..... .. ......... ... .. . . ... ..... . ................................ . . ....... . ... ... . ........ ... 110 No

. 37321 (Amendment) : R315-102 Penalty Pol icy.. .... .......... . ....... ..... ........ ... ... . ...... . .... . .......... . ......... ................... 11 3 No

. 37322 (Amendment) : R315-301 Solid Waste Authority, Defin itions , and General

Requ irements

.. ... .......... ... ............. .... . . . ......... .................... ... .......... . .... .. . ........... .. .. .................. . ...... ... ............. . . ..... 1 16 No

. 37323 ( Amendment): R315-302 Solid Waste Facility Location Standards , General Facility Requ irements , and Closure Requirements

.................................. . .......... . ...... .... ... ..... . . . ....... ...... 1 22 No

. 37324 (Amendment) : R315-303 Landfilling Standards

............. .. ................................................................. ... 127



### UTAH ST ATE BULLETI N, March 0 1, 20 13, Vol. 20 13, No. 5TABLE OF CONTENTS


### No

. 37325 (Amendment) : R315-304 Industrial Solid Waste Landfill Requirements

................................... .. .......... 132 No. 37326 (Amendment) : R315-305 Class IV and VI Landfill Requirements

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

. 37327 (Amendment): R315-306 Incinerator Standards

........ .. ............................ .. .................... .......... ............. 136 No

. 37328 (Amendment): R315-307-3 Standards for Maintenance and Operation

............ .. .. .. .............. .. .......... ... 138 No. 37329 (Amendment): R3 1 5-308 Ground Water Monitoring Requirements

.... .... .. ....................... ... ..... .... .... .. .. 139 No. 37330 (Amendment): R315-309 Financial Assurance

...... ....... ... .............. . ..... ............. ............. . ............. ... ...... 144 No

. 37331 (Amendment): R315-310 Permit Requ irements for Solid Waste Facilities

........... .. ....... .... .. ....... .......... 151 No. 37332 (Amendment) : R315-311 Pemi itApproval For Solid Waste Disposal , Waste Tire Storage , Energy Recovery, And Incinerator Facilities

........................................................................ 155 No

. 37333 (Amendment) : R315-312 Recycling and Composting Facil ity Standards

.. .. .. .. .......... .. .... ..................... 157 No

. 37334 (Amendment) : R315-313-2 Transfer Station Standards

.. .. .... ...... .. .. .. ........ ...... .. .. .. .. ............................. 159 No

. 37335 (Amendment) : R315-314 Facility Standards for Piles Used for Storage

and Treatment.

.... .. ... ...... . ............. . .............................................................................................. ............... . . ..... ... 160 No

. 37336 (Amendment) : R315-315 Special Waste Requirements

...... .. .. .......... .. .... .. .. .... ........ . .... .......... .............. 163 No

. 37337 (Amendment) : R315-316 Infectious Waste Requirements

...... .. ........ .. .... .... .. .. ........... .... ............ ........ .. 165 No

. 37338 (Amendment) : R315-317 Other Processes , Variances , Violations , and Petition for Rule Change

.......... .... ... ....... .... ... .... ...... .. ......... .. ..... .... . ...... .. ...... .............. . .... ..... ... ... ................. ... ....... . ........... 167 No

. 37339 (Amendment) : R315-318 Permit by Rule

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

. 37340 (Amendment): R315-320 Waste Tire Transporter and Recycler Requirements

.... ................... ............ 169 Health Disease Control and Prevention , Epidemiology No

. 37345 (Amendment) : R386-702 Communicable Disease Rule

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

. 37301 (Amendment) : R414-303 Coverage Groups

...... .. .... .. ..... ........ .... .. ......................... ......... ...................... 179 NOTICES OF CHANGES IN PROPOSED RULES......................................................................................................................183 

### Environmental Quality Air Quality No. 36481 : R307-208 Outdoor Wood Boilers

......... ... ....... ...... .... . .......... . .... .. ....... .. ....... ............ . .... . .............. ..... ..... 184 No

. 36480 : R307
-303 Commercial Cooking

...... .... .... ......... . .... .......... .. ... ... ........................... ...... .. .. ... .. .............. .. .. 186 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION.................................................................... ..... 189 

### Agriculture and Food Plant Industry No

. 37249 : R68-5 Grain Inspection

. . ............. .. .. ... .... .. ......... .... ....... . .... ... ..................... . .................. .. ...................... 189 Commerce Occupational and Professional Licensing No. 37273 : R156-49 Dietitian Certification Act Rule

.......... .. ........ .. ...... .. .... .. ........ ..... .... ... .......... . .... ........ .. .. .. . .... .. .. 189 No. 37274: R156-53 Landscape Architects Licensing Act Rule

............ .... ..... ...... ..... .. .. .. .................. ...... ... ............ 190 No

. 37272 : R156-68 Utah Osteopathic Medical Practice Act Rule

.. ........... .. ........ ..... ........ ... ....... .... ...................... 191 Environmental Quality Air Quality No. 37261 : R307-102 General Requirements : Broadly Applicable Requirements

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

. 37260 : R307-115 General Confomiity

.................................................................................................... . ........ 192 No. 37259 : R307-170 Continuous Em ission Monitoring Program

........................................ . ........ ... ..................... 192 No

. 37258 : R307-220 Emission Standards : Plan for Designated Facilities

...... .... .. .................. .. ................... .. ...... 193 No

. 37257 : R307-221 Emission Standards : Em ission Controls for Existing Municipal

Solid Waste Landfills

............. . ............................................................................................ ... . . .... ..... .... . ..... .. .... . ... 194 No

. 37256 : R307-222 Emission Standards : Existing Incinerators for Hospital , Medical ,

Infectious Waste

.. .. ..... .... ....... .... ... .. .... .. ... . .................................. . ...... .... .... ... . ... .... ............... .... . .... . ...... ... . . ..... .. ..... 194 No

. 37255 : R307-223 Emission Standards : Existing Small Municipal Waste

Combustion Units

...................... .... .... ..... ...... ............... .......... ......... .. .............. ............. ... .. ............... ......... .... . . . ... . . 195 No

. 37254 : R307-224 Mercury Emission Standards : Coal-Fired Electric Generating

Units

... . .......... .. .... . ..... .. ..... .. .. .. .... .... .. .... ..... ... .. ..... .. ... ... ... . ....... .... ... ..... . ..... ... .. .. ... ..... ... ... .. .... ..... ... .. .. .... . . . . . . . . ... ... ... 195 No

. 37253 : R307-250 Western Backstop Sulfur Dioxide Trading Program

........................................................... 196 No

. 37252 : R307-801 Utah Asbestos Rule

.................... .. ................ .. ...................... .. ................. ... ........................ 197

ii UTAH STATE BULLETIN , March 0 1, 20 13, Vol. 2013 , No
. 5

### TABLE OF CONTE NTS
Solid and Hazardous Waste No

. 37282 : R315-301 Solid Waste Authority, Definitions , and General Requirements

.. .. .. .. .. .. ... .. ... .. ... ..... .. .. ........ 198 No. 37283 : R315-302 Solid Waste Facility Location Standards, General Facility

Requirements , and Closure Requirements

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

. 37284 : R315-303 Landfilling Standards

....... . ....... .. ...................................... .. ......... .. .......... .. ... ... ...... ... .. .. ...... . 199 No

. 37285 : R315-304 Industrial Solid Waste Landfill Requirements

... .. ........... .. ...... ....... ...... .. ........ .. .. .. .... .. ..... ..... 200 No

. 37286 : R315-305 Class IV and VI Landfill Requirements

.. ..... .. .. .. .................... ... .......... . .......... . ....... .. .. .... ...... 200 No

. 37287 : R315-306 Incinerator Standards

... ....... . ............ . .......... ... ... .. ...... . ... ..... .. ......... .. ........ .. .... . .................... 201 No

. 37288 : R315-307 Landtreatment Disposal Standards

.................. .. .............. . ........ . ............................ . ........... 201 No

. 37289 : R315-308 Ground Water Monitoring Requirements

....... . .... .. .......... .. .... ... .. .... .. .. ... ..... ........ :... .... .. .. ... .. 202 No

. 37290 : R315-309 Financial Assurance

... .... .. ... .. .... .. ..... .. ....... . ... .. .. . . . ......... .. . ...... .. ......... ... ............ ......... .. . ....... 202 No. 37291 : R315-310 Permit Requirements for Solid Waste Facilities

.... . ............... . ..... ... ............... .... .. ................203 No. 37292 : R315-311 Permit Approval For Solid Waste Disposal , Waste Tire Storage ,

Energy Recovery and Incinerator Facilities

..... .. ...... . .. .. .. ... .... ... .. ... .... .. .. ... . .. ........ .. ..... .. .. .... .... ........... .. .... ...... .. .. ... 204 No

. 37293 : R315-312 Recycling and Composting Facility Standards

............................................... . .... .. ............. 204 No

. 37294 : R315-313 Transfer Stations and Drop Box Facilities

.... . .... .............. .. .. .... ............ .... ... .. ... .... ... .. ..... .. . ... 205 No. 37295 : R315-314 Facility Standards for Piles Used for Storage and Treatment...

... . ... . ........ ... ... . ........ .. .. ....... 205 No

. 37296 : R315-315 Special Waste Requirements

.. .. ... .................................................. . ............................. ....... 206 No

. 37297 : R315-316 Infectious Waste Requirements

. ....... .. . ... .. ........ ... .. .. .. .... .. .. .. .... .. ............... .. ........... .. ........... 206 No

. 37298: R315-317 Other Processes , Variances , Violations , and Petition for Rule

Change

..... . ... ... .. .. .. ... ...... ... . ......... ............... .. ............................ ... ... ... .......... . ......... ... ... ...... . ..... ..... ... .. ..... ... .... ..... ..207 No. 37299 : R315-318 Permit by Rule

.............................................. .... .... . ................ . ...................... .. . .. .. ..... .... .. .... 208 No

. 37300 : R315-320 Waste Tire Transporter and Recycler Requirements

........... .. ............. .. ... ... .. .... ... ... .. ...... . ... 208 Health Disease Control and Prevention , Environmental Services No

. 37251 : R392-700 Indoor Tanning Bed Sanitation

............ .. ... ...... .. .... . .... .... .... ... ........ ... .. ... . . .... .... ... ... .. .. .... .. ..... 209 Family Health and Preparedness, Licensing No

. 37281 : R432-16 Hospice Inpatient Facility Construction

.. . ... .. ....... ... . ... ........ ... .. ...... ... . ........ . .. ....... .. ................ 209 Human Services Aging and Adult Services No

. 37277 : R510-105 "Out and About" Homebound Transportation Assistance Fund

Rules

... .. .. ... .. ... ... . . . .............. ....... .... .... .. ... . ..... . ..... . .... . ......... ... . .... ... .. . ... ... .. .... . .... .. .... ... .. .. .......... . ... .... .. . ........... . ..... 210 Recovery Services No

. 37303 : R527-260 Driver License Suspension for Failure to Pay Support

............ ....... ... ...... ... ................... .... .210 No. 37304 : R527-301 Non-IV-D Income Withholding

.. .. . ... ... ..... .. ... .. ....... . .... .. . ... ..... .. . ........ .. ....... ........ ................... 211 Pardons (Board Of) Administration No

. 37341: R671-312 Commutation Hearings for Death Penalty Cases

.... .. ...... . ..... ...... .... ...... ..... ........................212 No

. 37342: R671-509 Parole Progress 

### I Violation Reports

. . ..... . ..... ... .... ... .. ... . ...... .. .. . ... ... .. .. . ... . .... . ... ... .. .... ... .... .. .. .212 No. 37343: R671-510 Evidence for Issuance of Warrants

.................. .. .. . . . . ................ . ......... .. ..... .... . ...... . .... .. .... . ... 212 No. 37344 : R671-512 Execution of the Warrant..

.. .... .. .. . .. .. ..... .... . ... ....... ... .... ..... .. ........ . ........ . .... . ........ .. .. .... .......... 213 No

. 37346 : R671-513 Expedited Determination on Parolee Challenge to Probable

Cause

... . .... . ... ............. . . .............. ... .. ... ... . ...... .. .. .. ...... ...... .. ......... . ... ............. ... . ...... . ......... ... .... ..... .... . .... .. ....... .. . .. .. .214 No

. 37347 : R671-514 Waiver and Pleas of Guilt..

..................... .. .................................................... .. ............ . ....... 214 No

. 37348 : R671-515 Timeliness of Parole Revocation Hearings

............... .... . .... ...... .. ................. .. .. . ........ . . ... ...... 215 No

. 37349 : R671-516 Parole Revocation Hearings

............. .. .......... .. ............ . ............... . .... .. ....... . ......................... 215 No

. 37350 : R671-517 Evidentiary Hearings and Proceedings

.... .. . ... ...... . . . ... .. ..... .. .. .. ..... ... ... ... .. ... ... .. . .... .. ... .. . . ...... 216 No

. 37351 : R671-518 Conduct of Proceedings When a Criminal Charge Results

in Conviction

... . .... .... .. ..... .. ... ........................................................ . ............. ................................. . .. ......... ... .. ..... .... 216 No

. 37352 : R671-519 Proceedings When Criminal Charges Result in Acquittal

.. .. ... .. .. .. ..... . ... ... ...... ... ............ ..... 217 No

. 37353 : R671-520 Treatment of Confidential Testimony

.. .. ... . ........... .. ... ..... .. . ... ... .. .. .. .... ... . ... ... ... .. .. ... .. .... ... .. .... 217 No. 37354 : R671-522 Continuances Due to Pending Criminal Charges

...... .... ... ..... .. .. .. .. .. ... . ...... ..... . ... . .......... ..... 218 NOTICES OF RULE EFFECTIVE DATES...................................................................................................................................219 RULES INDEX BY AGENCY (CODE NUMBER) AND BY KEYWORD (SUBJECT).........................................................................................................................................................221


### UTA HSTA T EBU LLETI N, Ma rch 01 , 2013 , Vol. 2013 , No
. 5 

### iiiNOTICES OF PROPOSED RULES


### C MMENTS BY THE DEPARTMENT HEAD ON TH FISCAL IMPACT THE RULE MAY HAVE ON BUSINESS : DAQ as identified one business in Utah that manufa re products that are subject to this rule. estimated seal impact for that business is $5,730 p 

## voe remov d

. THE FULL T T OF THIS RULE MAY BE DURING REGU R BUSINESS HOURS, AT: ENVIRO ENTAL QUALITY AIR QUALi FOURTH FL 195 N 1950 W SALT LAKE CIT , UT 8411 or at the Division o dmi · trative Rules.

INTERESTED ERSONS MAY ATTEN PUBLIC HEARING RE J\RDING THIS RULE: 

### + 03/13/201 11 :00 AM, Multi-State Office Bui!

. g, 195 N 1950 W, R m No. 4100, Salt Lake City, UT

ORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-342. Adhesives and Sealants. R307-342-1. Purpose. The pumose of this rule is to limit emissions of volatile organic compounds (VOCs) from adhesives. sealants. primers and cleaning solvents R307-342-2. Applicability. R307-342 applies to any person who manufactures sells supplies. or applies any adhesive. sealanl adhesive primer or sealant primer in Box Elder Cache Davis Salt Lake Tooele Utah or Weber County. beginning September I 2014 R307-342-3. Exemptions. (I) The reguirements of R307-342 do not apply to the following : (a) Adhesives. sealants. adhesive primers or sealant primers being tested or evaluated in any research and development quality. assurance or analytical laboratory (b) Adhesives and sealants that contain less than 20 grams ofVOC per liter ofadhesive or sealant less water as applied· (c) Cyanoaci:vlate adhesives · (d) Adhesives. sealants. adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers

. with a net volume of 16 fluid ounces or less or that have a net weight



### 18 DAR File No. 37275
of one pound or less. except plastic cement welding adhesives and contact adhesives· (e) Contact adhesives that are sold or supplied by the_ manufacturer or supplier in containers with a net volume ofone gallon or less · or

### <O Aerosol spray adhesive products. (2) The requirements ofR307-342 do not apply to the use of adhesives. sealants adhesive primers sealant primers. surface preparation and cleanup solvents in the following operations: (a) Tire repair Qperations. provided the label qfthe adhesive states "for tire repair only:" (b) In the assembly repair and manufacture Qf aerospace and undersea-based weapon systems· (c) In the manufacture ofmedical equipment' and (d) Plague laminating operations in which adhesives are used to bQnd clear pqlvester acetate laminate tQ woQd with lamination

. eguipment installed prior to July I. 1992. (3) The reguirements of R307-342 dQ nqt apply to commercial and industrial ooerations ifthe total 

# voe emissions from all adhesives sealants adhesive primers and sealant primers used at the squrce are less than 200 pounds per calendar year (4) Adhesive products and sealant products shipped supplied or sqld exclusively outside of the areas specified in R307- 342-2 are exempt from the requirements ofthis rule. (5) Anv person claiming exemption pursuant to R307-342-3 shall record and maintain monthly operational records sufficient to demonstrate compliance 

### (61 R307-342 shall not apply to any adhesive sealant adhesive primer or sealant primer products manufactured for shipment and use outside Qf the counties specified R307-342-2 as lqng as the manufacturer or distributQr can demonstrate both that the product is intended for shipment and use outside of the applicable counties and that the manufacturer Qr distributor has taken reasonable prudent precautions tQ assure that the product is not distributed to the applicable counties. R307-342-4. Definitions. The following additiQnal definitions apply to R307-342: "Aci:vlonitrile-butadiene-s[Vrene (ABS) welding adhesive" means any adhesive intended by the manufacturer to weld aci:vlqnitrile-butadiene-s[Vrene pipe. which is made by reacting monomers Qfaci:vlonitrile. butadiene and styrene "Adhesive" means anY chemical substance that is applied for the pur:pqse ofbonding two surfaces together other than by mechanical**~** "Adhesive primer" means anY product intended by the manufacturer for application to a substrate. prior to the application of an adhesive to provide a bonding surface "Architectural sealant or primer" means anY sealant or sealant primer intended by the manufacturer to be applied to stationary structures. including mobile homes and their appurtenances. Appurtenances to an architectural structure include but are nqt limited to : hand railings cabinets bathroQm and kitchen fixtures fences. rain gutters and downspQuts and windows. "Autqmotive glass adhesive primer" means an adhesive primer labeled by the manufacturer to be applied tQ automQtive glass

. prior to installation Qfthe glass using an adhesive or sealant "Ceramic tile installation adhesive" means any adhesive intended by the manufacturer for use in the installatiQn Qfceramic tiles


### UTAHSTATE BULLETIN , March 01 , 2013 , Vol. 2013 , No
. 5

### DAR File No
. 37275
"Chlorinated polyyinyl chloride plastic (CPVC) plastic" means a polymer of the vinyl chloride monomer that contains 67% chlorine and is typically identified with a CPVC marking. "Chlorinated polyyinyl chloride (CPVC) welding adhesive" means an adhesive labeled for welding of chlorinated polyyinyl chloride plastic. "Cleanup solvent" means a VOC-containing material used either to remove a loosely held uncured (i.e

.. not dr:y to the touch). adhesive or sealant from a substrate or to clean equipment used in applying a material. "Computer diskette jacket manufacturing adhesive" means anY adhesive intended by the manufacturer to glue the fold-over flaps to the body ofa vinyl computer diskette jacket. "Contact bond adhesive" means an adhesive that: (!) 

### is designed for application to both surfaces to be bonded (2) is allowed to dr:y before the two surfaces are placed in

. contact with each other: (3) 

### forms an immediate bond that is impossible. or difficult. to reposition after both adhesive-coated surfaces are placed in contact with each other· and (4) 

### does not need sustained pressure or clamping ofsurfaces after the adhesive-coated surfaces have been brought together using_ sufficient momentar:y pressure to establish full contact between both

_ surfaces. "Contact adhesive" means an adhesive that feels d1y to the touch and bonds instantly

. Contact adhesives do not include rubber_ cements that are primarily intended for use on paper substrates and_ vulcanizing fluids that are designed and labeled for tire repair only, "Cove base" means a flooring trim unit. generally made 

### of vinyl or rubber. having a concave radius on one edge and a convex. radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor or to form an inside comer. "Cove base installation adhesive" means any adhesive intended by the manufacturer to 

### be used for the installation of cove base or wall base on a wall or vertical surface at floor level. "Cvanoamlate adhesive" means any adhesive with a cyanoacrvlate content ofat least 95% by weight. "Enclosed cleaning system" means a cleaner consisting of a closed container with a door or top that can be opened and closed and

. fitted with cleaning connections. A sprav gun is attached to 

### the_ enclosed cleaning system by a connection and solvent is pumped through the gun to clean it. The cleaning solvent falls back into the. cleaning system's solvent reservoir for recirculation

. "Flexible vinyl" means non-rigid polyyinyl chloride plastic with a 5% by weight plasticizer content. "Fiberglass" means a material consisting of extremely fine glass fibers. "Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of_ wood flooring. carpet. resilient tile. vinyl tile. vinyl backed carpet_" resilient sheet and roll or artificial grass. Adhesives used to install_ ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate. such as flexible vinyl. are excluded from this categor:y. "Laminate" means a product made by bonding together two 

### or more layers ofmaterial.



### UTAH ST ATEBULLETI N, March 01 , 20 13, Vol. 2013 , No. 5 NOTICES OF PROPOSED RULES
"Maiine deck sealant" or "marine deck sealant mimer" means anY sealant or sealant primer labeled for application to wooden marine decks

. "Medical equipment manufacturing" means the manufacture ofmedical devices such as. but not limited to. catheters. heart valves. blood cardioplegia machines. tracheostomy tubes. blood oxygenators. and cardiator:y reservoirs. "Metal to urethane/rubber molding or casting adhesive" means any adhesive intended by the manufacturer to bond metal to_ high density or elastomeric urethane or molded rubber materials. in heater molding or casting processes. to fabricate products such as_ rollers for computer printers or other paper handling equipment. "Multipumose construction adhesive" means any adhesive intended by the manufacturer for use in the installation or repair of various construction materials. including but not limited to drywall.. subfloor. panel. fibernlass reinforced plastic CFRP) ceiling tile and acoustical tile. "Nonmembrane roofinstallation/ repair adhesive" means any adhesive intended by the manufacturer for use in the installation or. repair of nonmembrane roofs and that is not intended for the installation of prefabricated single-ply flexible roofing membrane. including. but not limited to. plastic or asphalt roof cement. asphalt_ roofcoating and cold application cement. "Outdoor floor covering installation adhesive" means anv adhesive intended bv the manufacturer for use in the installation of. floor covering that is not in an enclosure and that is exposed to ambient weather conditions during nom1al use. "Panel installation" means the installation of plVWQod. predecorated hardboard (or tileboard). fiberglass reinforced plastic. and similar pre-decorated or non-decorated panels to studs or solid surfaces using an adhesive formulated for that purpose. "Perimeter bonded sheet flooring installation" means the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip ofup to four inches wide around the perimeter ofthe sheet flooring. "Plastic cement welding adhesive" means any adhesive intended by the manufacturer for use to dissolve the surface ofplastic

. to 

### form a bond between mating surfaces

. "Plastic cement welding adhesive primer" means any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding. "Plasticizer" means a material such as a high boiling point organic solvent that is incomorated into a vinyl to increase its flexibility workability. or distensibility. as determined by ASTM Method E-260-96. "Polyyinyl chloride <PVC) plastic" means a polymer of the chlorinated vinyl monomer that contains 57% chlorine. "Polyyinyl chloride welding adhesive" or "PVC welding adhesive" means anY adhesive intended by the manufacturer for use in

. the welding ofPVC plastic pipe, "Porous material" means a substance that has tinv openings., often microscopic. in which fluids may be absorbed or discharged. including. but not limited to. wood. paper and corrugated paperboard

. "Roadway sealant" means anv sealant intended by the manufacturer for application to public streets. highways and other surfaces. including but not limited to curbs. berms. driveways and parking lots

.

19NOTICES OF PROPOSED RULES
"Rubber" means any natural or manmade rubber substrate including styrene-butadiene rubber. polychloroprene (neoprene) butyl rubber. nitrite rubber. chlorosulfonated polyethylene and ethylene propylene diene temolvmer "Sealant primer" means anY product intended by the manufacturer for application to a substrate prior to the application ofa sealanl to enhance the bonding surface

. "Sealant" means any material with adhesive properties including sealant primers and caulks. that is formulated primarily to fill seal watemroof or weathemroof gaps or joints between two_**~** "Sheet

-applied rubber installation" means the process of applying sheet rubber liners bv hand to metal or plastic substrates to
. protect the underlying substrate from corrosion or abrasion These operations also include laminating sheet rubber to fabric by hand

. "Single-ply roof membrane" means a prefabricated single sheet of rubber. nonnally ethylene-propylenediene temolymer. that is field applied to a building roofusing one layer ofmembrane material "Single-ply roofmembrane installation and repair adhesive" means any adhesive labeled for use in the installation or repair of_ single-ply roofmembrane. ()) Installation includes. as a minimum attaching the edge of the membrane to the edge of the roof and applying flashings to. vents pipes and ducts that protrude through the membrane. (2) Repair includes gluing the edges of tom membrane together. attaching a patch over a hole and reapplying flashings to_ vents. pipes or ducts installed through the membrane

. "Single-ply roof membrane adhesive primer" means anY primer labeled for use to clean and promote adhesion ofthe single-ply roofmembrane seams or splices prior to bonding "Single-ply roof membrane sealant" means any sealant labeled for application to single-ply roofmembrane "Structural glazing adhesive" means anY adhesive intended by the manufacturer to apply glass. ceramic. metal. stone or composite panels to exterior building frames. "Subfloor installation" means the installation of subflooring material over floor joists including the construction of anY load_ bearing joists. Subflooring is covered by a finish surface material. "Surface preparation solvent" means a solvent used to remove dirt. oil and other contaminants from a substrate prior to the

. application ofa primer. adhesive or sealant. ''Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which the thickness ofthe bond line(s) is less than 0 25 mils ''Tire repair" means a process that includes expanding a hole tear. fissure or blemish in a tire casing by grinding or gouging. applying adhesive and filling the hole or crevice with rubber. ''Traffic marking tape" means preformed reflective film intended by the manufacturer for application to public streets. highways and other surfaces including curbs berms. driveways and. parking lots ''Traffic marking tape adhesive primer" means anY primer intended by the manufacturer for application to surfaces prior to_ installation oftraffic marking tape
. "Undersea-based weapons systems components" means the fabrication of parts. assembly of parts or completed units of anY portion ofa missile launching system used on undersea ships.

20 DAR File No. 37275
"Watemroof resorcinol glue" means a two-part resorcinolresin-based adhesive designed for applications where the bond line_ must be resistant to conditions ofcontinuous immersion in fresh or salt water. R307-342-5. Emission Standards. ()) No person shall manufacturer sell supply or offer for sale anY adhesive. sealanl adhesive primer or sealant primer with a. VOC content in excess ofthe limits in Table L (2) No person shall apply anY adhesive. sealanl adhesive primer or sealant primer with a

# voe content in excess ofthe limits in Table I unless that person uses an add-on control device as specified in

. R307-342-8

VOC Content Limits for Adhesives. Sea1ants. Adhesive Primer.; , Sealant Primers and Adhesives Applied to Particular Substrates (mi nus water and exempt compounds (compounds that are not defined as VOCl. as applied Adhesive. Sealant. Adhesive Primer VOC Content Limit Category (grams VOC/1 i terl

ABS welding 400 Ceramic tile installation 130 Computer diskette jacket 850 manufacturing Contact bond 250 Cove base installation 150 CPVC welding 490 Indoor floar covering 150 installation Meta 1 to urethane/rubber 850 molding or casting Multipurpose construction 200 Noronembrane roof 300 insta11 ation/repair Other plastic cement welding 510 Outdoor floar covering 250 installation PVC welding 510 Single-ply roof membrane 250 installation/repair Structural glazing 100 Thin metal laminating 780 Ti re retread 100 Perimeter bonded sheet vinyl 660 flooring installation Waterproof resorci nol glue 170

UTAH STATE BULLETIN, March 01 , 2013, Vol. 2013, No. 5

### DAR File No. 37275
Sheet-applied rubber 850 installation

Architectural 250 Marine deck 760 Normembrane roof 300 insta11 ation/repair Roadway 250 Single-ply roof membrane 450 Other 420 Adhesive Primers Automotive glass 700 Plastic cement welding 650 Single-ply roof membrane 250 Traffic marking tape 150 Other 250 Seal ant Primers Non-porous architectural 250 Porous architectural 775 Marine deck 760 Other 750 Adhes ives Applied to the Listed Substrate Flexible v i nyl 250 Fiberglass 200 Metal 30 Porous materi a 1 120 Rubber 250 Other substrates 250 R307-342-6. Application Equipment. (I) An 

### operator shall only use the following equipment to
. apply adhesives and sealants: (a) Electrostatic application: (bl Flow coater: (c) Roll coater: (d) Dip coater: Ce) Hand application method: fO 

### Airless sprav: (g) High volume. low pressure spray equipment operated in accordance with the manufacturers specifications· or Ch) Other methods having a minimum 65% transfer efficiency C2l Removal of an adhesive. sealant adhesive primer or sealant primer from the parts of spray application equipment shall be

. performed as follows ·


### UTAH STATE BULLETIN , March 01, 2013 , Vol. 2013, No. 5 NOTICES OF PROPOSED RULES (a) 

### In an enclosed cleaning system: <bl Using a solvent with a VOC content l ess than or equal to 70 grams ofVOC per liter ofmaterial· or (c) Parts containing dried adhesive may be soaked in a_ solvent ifthe composite vapor pressure ofthe solvent. excluding water and exempt compounds. is less than or equal to 9.5 mm Hg at 20. degrees Celsius and the parts and solvent are in a closed container tha t remains closed except when adding parts to or removing parts from the container. R307-342-7. Administrative Requirements. (I) 

### Each person subject to this rule shall maintain records demonstrating compliance with this rule. including: (a) A list ofeach adhesive. sealant adhesive primer. sealant primer cleanup solvent and surface preparation solvent in use and in

.**~** 

### (b) A 

### material data sheet for each adhesive. sealant. adhesive primer. sealant primer cleanup solvent and surface preparation solvent (c) A list of catalysts reducers or other components used and the mix ratio: Cdl The VOC content or vapor pressure as applied: and Ce) The monthly volume ofeach adhesive. sealant adhesive primer. sealant primer cleanup solvent and surface preparation solvent**~** 

### (2) Except as provided in R307-342-6(2). no person shall use materials containing VOCs for the removal of adhesives. sealants. or adhesive or sealant primers from surfaces. other than spray application equipment unless the composite vapor pressme of the_ solvent used is less than 45 mm Hg at 20 degrees Celsius. R307-342-8. Optional Add-On Controls. Ill 

## voe emissions from the manufacturer or use of all_ adhesives. sealants. adhesive primers or sealant mimers subject to this rule shall be reduced bv an overall capture and control efficiency ofat least 85% by weight. (2) The owner or operator of an emission control system shall provide documentation that the emissions control svstem will attain the requirements ofR307-342-8

. (3) 

### The owner or operator of an emission control system shall maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being_ operated and maintained in accordance with the manufacturer recommendations. R307-342-9. Container Labeling, 

### Each manufacturer ofan adhesive. sealant adhesive primer or sealant primer subject to this rule shall display the following information on the product container or label : CJ) A 

### statement of the manufacture's recommendation regarding thinning. reducing. or mixing ofthe product. (a) R307-342-9 does not apply to the thinning ofa product with water. Cb) If the thinning of the product prior to use is not necessary. the recommendation shall specify that the product is to be

. applied without thinning

. (2) The maximum or the actual VOC content ofthe product in accordance with Table l. 

### as supplied. displayed in grams of VOC per liter ofproduct; and

21

### NOTICES OF PROPOS E D RULES

(3) 

### The maximum or the actual 

## yoc content ofthe product in accordance with Table I. 

### which includes the manufacture's m

aximum recommendation for thinning. as applied. displayed in grams ofVOC p er I iter ofproduct KEY: air pollution. adhesives. sealants. primers Date ofEnactment or Last Substantive Amendment: 2013 Authorizing. and Implemented or Interpreted Law: 19-2-104(1) (al 

# Environmental Quality, Air Quality 

# R307-357 Consumer Products NOTICE OF PROPOSED RULE (New Rule) 

### DAR FILE NO.: 37276

FILED : 02/07/2013 RULE ANALYSIS PURPOSE OF THE RULE OR**REA~** 

### N FOR THE CHANGE : In 2 06 , EPA tightened the' 24-hour PM2

.5 national ambient ir quality standard from 65 to 35 micrograms per cub1 meter

. Currently, even Utah counties have been found by PA to not mee this standard. The manufacturing and us of many contumer products emits volatile organic compou ds (VOCs), 0 hich are precursors to the formation of PM2.5

. This rue for the PM2

.5 State Implementation Plan will wer t e VOC content of many consumer products sold in t st e. SUMMARY OF THE RULE 

### 0 CHANGE : This rule applies to any person who sells , sup · Ii s, offers for sale, distributes for sale , or manufactures fo sal consumer products in Box Elder, Cache , Davis , Salt ake, ooele , Utah , and Weber counties

. The rule establi es VO content limits for several types of consumer pro ucts

. Th**rul~ provide~**  

### several exemptions from the VOC-conten l1m1t

. requirements , includ ing , but not Ii 

### ited to , exem tions for**~onsumer** 

### products manufactur tj 

### for shipment an use outside of the areas specified in t applicability section f the rule , certain fragrances and co rants , certain deodora ts , products**~hat** 

### have been**g~a** 

### ed an innovative prod cts exemption , manufacturers w o have an approved alternat e control plan or variance

. T proposed rule also contains b s on several toxics and ozone depleting compounds th t 

### result 1n increased V C reductions

. The Air Qualit Board is specifically seeking comment on the inclusion of these additional ans in the proposed rule

. STATUT. RY OR CONSTITUTIONAL AUTHORIZATIO THIS LE : Section 19-2-101



### 22 DAR File No
. 37275
ANTICIPATED COST OR SAVINGS TO : 

### + THE STATE BUDGET: This rule does not create ny

quirements that would result in any costs or savings to the s**~te** 

### budget. 

### + h.OCAL GOVERNMENTS : This rule does not crea req irements that would result in any costs or savings gov nment. 

### + SM LL BUSINESSES : The Division of Air Quali (DAQ) estima s that the cost for small businesses to impl ment this rule is approximately $3 ,000 per ton of 

## voe removed

. Howeve , these products are primarily man actured in facilities f und outside of the state , and DAQ do not believe that any I cal manufacturers will be impacte by this rule ;

## the~efore,**t~re** are no significant costs or

## ~vings to small businesses

. 

### + PERSON OTHER THAN SMALL BUSINESSES, BUSINESSES, , OR LOCAL GOVERNMDNTAL ENTITIES : Manufacturers

## a~not expecting to add rrkasurable costs to products as a suit of this rule ; therefore, there are no anticipated costs or savings to

### perso**s othe~** **.** than small businesses , busine \ es , or local gover7fn ent ent1t1es

. COMPLIANCE

# CO~TS FOR AP.'hcTED PERSONS : Because there are f\ o local man Jfacturers that this rule applies to , there are

### no**~anticipate~/ompliance** costs to them

. Also , because manuf turers 

### a 

## 1e not expecting to add measurable costs to pro cts as a result of this rule there are no anticipated costs to co sum t. COMMENTS BY THE

# ~P,**ARTMENT** HEAD ON THE FISCAL IMPACT THE

# RUL~AY HAVE ON BUSINESSES : These products are primaril,**anufacture~** 

### in facilities found outside of the state , and Dh:Q oes not believe that any local manufacturers will be

## im~bted this rule; therefore , there is no anticipated fiscal impa ton bu inesses. THE FULL TEXT OF

### j HIS RUL MAY BE INSPECTED , DURING REGULAR BJ.JSINESS HO RS, AT: ENVIRONMENTAL QUALIT \

## AIRQUA~I FOURTH LOOR 195 N 19 0 W SALT LAKE CITY, UT 84116-308 or at the' Division ofAdministrative Rules

. DIRECT QUE ,..{IONS REGARDING THIS

# R~LE TO: 

### + Mark Berg/,. 1 

### by phone at 801-536-4000 , 

## b FAX at 801- 536-0085, o by Internet E-mail at mberger@ut h

.gov INTERES ED PERSONS MAY PRESENT THEI VIEWS ON THIS RU E BY SUBMITTING WRITTEN COM ENTS NO LATER AN AT 5:00 PM ON 04/01/2013 INTE STED PERSONS MAY ATTEND A HEA ING REGARDING THIS RULE : 13/2013 11 :00 AM , Multi-State Office W, Room No

. 4100 , Salt Lake City, UT



### UTAHSTATE BULLETIN, March 01, 2013, Vol. 2013, No. 5

### DAR File No. 37276

R307. Environmental Quality, Air Quality. R307-357

. Consumer Products. R307-357-1. Purpose. 

### The purpose of this rule is to reduce volatile organic compound (VOC> emissions from consumer products. R307-357-2. Applicability. 

### R307-357 applies to any person who sells supplies. oflers for sale distributes for sale. or manufactures for sale consumer products on or after the effective date in Table l and is located in Box Elder. Cache. Davis. Salt Lake. Tooele. Utah. and Weber**~** 

### R307-357-3. Definitions. 

### The following additional definitions apply to R307-357: "Adhesive" means any product that is used to bond one surface to another by attachment. ( l l Adhesive does not include products used on humans and animals. adhesive tape contact paper. wallpaper. shelfliners. or anv other product with an adhesive incorporated onto or in an inert

. substrate. (2) 

### For contact adhesive. construction panel. and floor. covering adhesive and general purpose adhesive only. adhesive also does not include units of product. less packaging which consist of more than one gallon

. This limitation does not apply to aerosol adhesives."Adhesive remover" means a product designed exclusively for the removal of adhesives. caulk and other bonding materials from either a specific substrate or a variety ofsubstrates. "Aerosol adhesive" means an aerosol product in which the spray mechanism is pennanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. "Aerosol cooking spray" means any aerosol product designed to reduce sticking on cooking and baking surfaces and is applied on cooking surfaces. baking surfaces or food. "Aerosol Product" means a pressurized spray system that dispenses product ingredients by means of a propellant or mechanically induced force but does not include pump sprays . "Agricultural use" means the use of any pesticide or method or device for the control of pests in connection with the commercial production. storage or processing ofany animal or plant g:Qj2, (I) 

### Agricultural use does not include the sale or use of pesticides in properly labeled packages or containers which are intended for· (a) Home use: (b\ Use in structural pest control: (c\ Industrial: or (d\ Institutional use. (2) For the purnoses ofthis definition only: (a) "Home use" means use in a household or its immediate environment.

UTAH STATE BULLETIN, March 01 , 2013, Vol. 2013, No
. 5 NOTICES OF PROPOSED RULES (bl "Structural pest control" means a use requmng a license under state or federal pesticide licensing requirements (cl "Industrial use" means use for or in a manufacturing. mining or chemical process or use in the operation of factories. processing plants. and similar sites. (dl "Institutional use" means use within the lines of. or on property necessary for the operation of buildings such as hospitals schools libraries auditoriums. and office complexes. "Air freshener" means any product. including but not limited to sprays wicks. wipes diffusers powders and crvstals designed for the purpose ofmasking odors. or freshening. cleaning. scenting

. or deodorizing the air. (I l Air freshener does not include products that are used on the human body products that function primarily as cleaning products as indicated on the product label or odor remover /eliminator products.

"All other carbon containing compounds" means all other compounds which contain at least one carbon atom and are not a VOC defined compound or a LVP-VOC. "All other fonns" means all consumer product forms for which no form specific 

# voe standard is specified. and unless specified otherwise by the applicable 

# voe standard. all other forms include but are not limited to solids liquids wicks. powders crystals and cloth or paper wipes (towelettes\. "Antimicrobial hand or body cleaner or soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through gem1icidal activity. ( l l Antimicrobial hand or body cleaner or soap includes. but is not limited to : (a) Antimicrobial hand or body washes and cleaners: (bl Foodhandler hand washes: (c) Healthcare personnel hand washes: (d) Pre-operative skin preparations: and (el Surgical scrubs. (2\ Antimicrobial hand or body cleaner or soap does not include prescription drug products antiperspirants

. astringent/toner. deodorant facial cleaner or soap. general-use hand or body cleaner or soap. hand dishwashing detergent <including antimicrobial). heavy-duty hand cleaner or soap. medicated astringent/medicated toner. or rubbing alcohol. "Antiperspirant" means any product including. but not limited to. aerosols. roll-ons. sticks

. pumps. pads. creams. and squeeze bottles. that is intended by the manufacturer to be used to reduce oerspiration in the human axilla bv at least 20 percent in at least 50 percent ofa target population

. "Anti

-static product" means a product that is labeled to eliminate. prevent. or inhibit the accumulation ofstatic electricity. "Architectural coating" means a coating applied to stationary structures and their appurtenances. to mobile homes. to pavements. or to curbs. "ASTM" means the American Society for Testing and Materials

. "Astringent/toner" means any product not regulated as a drug by the United States Food and Drug Administration !FDA) which is applied to the skin for the purpose ofcleaning or tightening**~** <

### ll This category also includes claritiers and substrate

impregnated products

.

23NOTICES OF PROPOSED RULES
(2) This category does not include any hand face or_ body cleaner or soap product medicated astringent/medicated toner cold cream. lotion. or antiperspirant "Automotive hard paste wax" means an automotive wax_ or polish that is : (!) Designed to protect and improve the appearance of. automotive paint surfaces· (2) A solid at room temperature· and (3) Contains 0% water by formulation

. "Automotive instant detailer" means a product designed for use in a pump spray that is applied to the painted surface of. automobiles and wiped offprior to the product being allowed to dry

. "Automotive rubbing or polishing compound" means a product designed primarily to remove oxidation. old paint scratches or "swirl marks." and other defects from the painted surfaces of motor vehicles without leaving a protective barrier

. "Automotive wax. polish. sealant or glaze" means a product designed to seal out moisture. increase gloss or otherwise enhance a motor vehicle's painted surfaces. ( 1) Automotive wax. polish sealant or glaze includes. but is not limited to products designed for use in autobody repair_ shops. drive-through car washes and products designed for the general public. (2) Automotive wax. polish. sealant or glaze does not include automotive rubbing or polishing compounds automotive wash and wax products. surfactant-containing car wash products. and products designed for use on unpainted surfaces such as bare metal chrome glass. or plastic. "Automotive windshield washer fluid" means any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the pui:pose of cleaning. washing or wetting the windshield but does not include fluids placed by the manufacturer in a new vehicle

. "Bait station insecticide" means containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight. where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5% active ingredients "Bathroom and tile cleaner" means a product designed to clean tile or surfaces in bathrooms but does not include products specifically designed to clean toilet bowls or toilet tanks, "Brake cleaner" means a cleaning product designed to remove oil grease. brake fluid. brake pad material or dirt from motor vehicle brake mechanisms. "Bug and tar remover" means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish· ( 1) Biological-tyoe residues such as insect carcasses and tree sap· and (2) Road grime. such as road tar. roadwav paint markings and asphalt. "CARB" means the California Air Resources Board. "Carburetor or fuel-injection air intake cleaners" means a product designed to remove fuel deposits dirt. or other contaminants from a carburetor choke. throttle body of a fuelinjection system or associated linkages but does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.



### 24 DAR File No. 37276 "Cai:pet and upholstery cleaner" means a cleaning product designed for the pui:pose of eliminating dirt and stains on rugs _ cai:peting the interior of motor vehicles household furniture or objects upholstered or covered with fabrics such as wool. cotton. nylon or other synthetic fabrics ( 1) Carpet and upholstery cleaner includes but is not limited to. products that make fabric protectant claims. f2) Cai:pet and upholstery cleaner does not include general pui:pose cleaners. spot removers. vinyl or leather cleaners dry cleaning fluids. or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. "Charcoal lighter material" means any combustible material designed to be applied on incoi:porated in. added to. or used with charcoal to enhance ignition "Colorant" means anY pigment or coloring material used in a consumer product for an aesthetic effect. or to dramatize an. ingredient. "Construction panel and floor covering adhesive" means any one component adhesive that is designed exclusively for the installation. remodeling. maintenance. or repair of: (!) Structural and building components that include. but are not limited to. beams trusses studs paneling (drywall or drywall laminates fiberglass reinforced plastic (FRP). plywood. particle board. insulation board. pre-decorated hardboard or tileboard. etc
.). ceiling and acoustical tile. molding fixtures countertops or countertop laminates. cove or wall bases. and flooring or subflooring: or (2) Floor or wall coverings that include. but are not limited to. wood or simulated wood covering cai:pet. cai:pet pad or cushion vinyl backed carpet flexible flooring material. nonresilient flooring material. mirror tiles and other types oftiles. and artificial**~** (3) Construction. panel. and floor covering adhesive does not include floor seam sealer

. "Consumer" means any person who purchases or acquires any consumer product for personal family household. or institutional use. and persons acquiring a consumer product for resale are not consumers for that product. "Consumer product" means a chemically formulated product used by household and institutional consumers including. but not limited to detergents: cleaning compounds: polishes· floor finishes· cosmetics: personal care products· home lawn and garden products: disinfectants: sanitizers: aerosol paints· and automotive specialty products but does not include other paint products. furniture coatings. or architectural coatings "Contact adhesive" means a non-aerosol adhesive that: (!) Is designed for application to both surfaces to be bonded together· (2) Is allowed to dry before the two surfaces are placed in contact with each other: (3) Fonns an immediate bond that is impossible. or difficult to reposition after both adhesive-coated surfaces are placed in contact with each other: and (4) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. (5) Contact adhesive does not include rubber cements that are primarily intended for use on paper substrates

UTAH STATE BULLETIN, March 01 , 2013, Vol. 2013, No. 5

### DAR File No. 37276 

### (6) Contact adhesive does not include vulcanizing fluids that are designed and labeled for tire repair only. "Container / packaging" means the part or parts of the consumer or institutional product which serve only to contain. enclose incorporate. deliver. dispense. wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended and includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated. etched. printed or attached. "Crawling bug insecticide" means any insecticide product that is designed for use against ants cockroaches. or other household crawling arthropods. including but not limited to. mites. silverfish or spiders but does not include products designed to be used exclusively on humans or animals. or any house dust mite**~** (I) 

### For the purposes ofthis definition only: (a) "House dust mite product" means a product whose label. packaging. or accompanying literature states that the product is suitable for use against house dust mites. but does not indicate. that the product is suitable for use against ants. cockroaches. or other household crawling arthropods. Cb) "House dust mite" means mites which feed primarilv on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda. the subphylum Chelicerata the class Arachnida. the subclass Acari. the order Astigmata. and the family Pyroglyphidae

. "Date

-Code" means the day. month and year on which the consumer product was manufactured. tilled. or packaged or a code indicating such a date

. "Deodorant" means any product including. but not limited to aerosols roll

-ons. sticks. pumps. pads. creams. and squeeze bottles that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition ofperspiration "Device" means any instrument or contrivance (other than a firearm) which is designed for trapping destroying repelling. or mitigating any pest or anv other form of plant or animal life (other

. than man and other than bacteria. virus. or other microorganism on . or in living man or other living animals) but does not include equipment used for the application of pesticides when sold separately therefrom. "Disinfectant" means any product that is labeled as a disinfectant or is labeled as a product that destroys or irreversibly inactivates infectious or other undesirable bacteria. pathogenic fungi. or viruses on surfaces or inanimate objects and whose label is registered as a disinfectant under the Federal Insecticide. Fungicide. and Rodenticide Act <FIFRA 

### 7 U S.C. 136 

### et seq.). ([) Products that are labeled as both a "sanitizer" and a "disinfectant" are considered disinfectants. (2) Disinfectant does not include anv ofthe following : (a) Products labeled as solely for use on human or (bl Products labeled as solely for agricultural use; (cl Products labeled as solely for use in swimming pools. therapeutic tubs or hot tubs· (d) Products that are labeled to be used on heat sensitive

. critical or semi

-critical medical devices or medical equipment**~**


### UTAH STATE BULLETI N, March 01, 2013 , Vol. 2013, No. 5 NOTICES OF PROPOSED RULES (el Products that are pre-moistened wipes or towelettes sold exclusively to medical. convalescent. or veterinary establishments; (f) 

### Products that are labeled to be applied to food-contact surfaces and are not required lo be rinsed prior to contact with food; QJ: 

### (g) Products labeled as bathroom and tile cleaners. glass cleaners general purpose cleaners. metal polishes carpet cleaners or fabric refreshers that may also make disinfecting or antimicrobial claims on the label. "Distributor" means any person to whom a consumer product is sold or supplied for the pw:poses ofresale or distribution in commerce. except that manufacturers. retailers and consumers are not distributors. "Double phase aerosol air freshener" means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases producing an emulsion "Dry cleaning fluid" means any non-aqueous liquid product designed and labeled exclusively for use on fabrics which are labeled for dry clean only. such as clothing or drapery or scoded fabrics. (I l Dry cleaning fluid includes. but is not limited to. those products used by commercial drv cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place

. (2) Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner. "Dual purpose air freshener/disinfectant" means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener or is so represented on . any sticker. label. packaging. or literature attached to the product container. "Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating but does not include products which consist entirely of compressed gases for use in_ electronic or other specialty areas. "Electrical cleaner" means a product labeled as a product that removes heavy soils such as grease. grime. or oil from electrical equipment. including. but not limited to. electric motors. armatures relays electric panels. or generators. (!

### l Electrical cleaner does not include general purpose cleaner. general pu1:pose degreaser. dusting aid. electronic cleaner. energized electrical cleaner. pressurized gas duster engine degreaser anti-static product or products designed to clean the casings or housings ofelectrical equipment. "Electronic cleaner" means a product labeled as a product that removes dirt. moisture. dust. flux or oxide from the internal components ofelectronic or labeled as orecision equipment such as circuit boards and the internal components of electronic devices. including. but not limited lo. radios. compact disc players digital. video disc players. and computers. "Engine degreaser" means a cleaning product designed lo remove grease. grime. oil and other contaminants from the external surfaces ofengines and other mechanical parts. "Fabric protectant" means a product labeled as a product to be applied to fabric substrates lo protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into

25NOTICES OF PROPOSED RULES
the fabric's fibers but does not include water:proofers or products

_ labeled for use solely on leather

. (I) Fabric protectant does not include pigmented products that are designed to be used primarily for coloring products used for construction reconstruction modification structural maintenance or repair offabric substrates. or products that renew or restore fabric and qualifying as either clear coating or vinyl. fabric. leather or polycarbonate coatings "Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face. (!) Facial cleaner or soap includes. but is not limited to facial cleansing creams gels liquids lotions and substrateimpregnated forms. (2) Facial cleaner or soap does not include prescription drug products antimicrobial hand or body cleaner or soap. astringent/toner general-use hand or body cleaner or soap medicated astringent/medicated toner. or rubbing alcohol. "Flea and tick insecticide" means any insecticide product that is designed for use against fleas. ticks. their larvae. or their eggs but does not include products that are designed to be used exclusively on humans or animals and their bedding, "Flexible flooring material" means asphalt. cork linoleum no wax mbber seamless vinyl and vinyl composite flooring. "Floor polish or wax" means a product designed or labeled as a product to polish. wax. condition. protect. temporarily seal or otherwise enhance floor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished. (l) Floor polish or wax does not include spray**buft~** products. floor wax strippers. products designed or labeled for unfinished wood floors. or coatings subject to architectural coatings regulations. · (2) Floor polish or wax is divided into three categories: products for resilient flooring materials. products for nonresilient flo0ting materials. and wood floor wax. For the pur:poses of this section: (a) "Resilient flooring material" means flexible flooring material. including but not limited to asphalt cork linoleum nowax rubber. seamless vinyl and vinyl composite flooring, (b) "Nonresilient flooring material" means flooring of a mineral content that is not flexible including. but not limited to._ terrazzo. marble. slate. granite. brick. stone. ceramic tile. and concrete
. (c) "Wood floor wax" means wax-based products for use solely on wood floors. "Floor seam sealer" means any product designed and labeled exclusively for bonding. fusing. or sealing (coating) seams between adjoining rolls ofinstalled flexible sheet flooring. "Floor wax stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polvmers. or by dissolving or emulsifying the. polish or wax but does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion. "Flying bug insecticide" means any insecticide product that is designed for use against flying insects or other flying arthropods including but not limited to flies mosquitoes moths or gn.ilts.,.



### 26 DAR File No. 37276 ( 1) Flying bug insecticide does not include wasp and hornet insecticide. products that are designed to be used exclusively on humans or animals. or any moth-proofing product (2) For the pur:poses of this definition only "mothproofing product" means a product whose label packaging. or accompanying literature indicates that the product is designed to protect fabrics from damage by moths but does not indicate that the product is suitable for use against flying insects or other flying arthropods. "Fragrance" means a substance or complex mixture of aroma chemicals. natural essential oils. and other functional components with a combined vapor pressure not in excess of two millimeters of mercury (mm Hg) at 20 degrees Celcius the sole pur:pose of which is to impart an odor or scent or to counteract a 

### millill!ru:. "Furniture maintenance product" means a wax. polish. conditioner. or any other product designed for the pur:pose of polishing protecting or enhancing finished wood surfaces other than floors but does not include dusting aids products designed solely for the pur:pose ofcleaning and products designed to leave a permanent finish such as stains. sanding sealers and lacquers "Furniture coating" means any paint designed for application to room furnishings including but not limited to. cabinets (kitchen. bath and vanity) tables chairs beds and sofas "Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material such as jelly, "General pur:pose adhesive" means any non-aerosol adhesive designed for use on a variety ofsubstrates

. ( 1) General pur:pose adhesive does not include: (a) Contact adhesives: (b) Construction panel and floor covering adhesives: (c) Adhesives designed exclusively for application on one specific categorv ofsubstrates (i e. substrates that are composed of similar materials. such as different types ofmetals paper products ceramics. plastics. rubbers. or vinyls)· or fd) Adhesives designed exclusively for use on one specifie category of articles (i e articles that may be composed of different materials but perform a specific function. such as gaskets. · automotive trim. weather-stripping. or car:petsl "General Pur:pose Cleaner" means a product designed for general all-pur:pose cleaning. in contrast to cleaning products designed to clean specific substrates in certain situations and includes products designed for general floor cleaning. kitchen or countertop cleaning. and cleaners designed to be used on a variety of hard surfaces and does not include general pur:pose degreasers and electronic cleaners. "General pur:pose degreaser" means any product labeled as a product that removes or dissolves grease. grime. oil and other oil-based contaminants from a variety of substrates. including automotive or miscellaneous metallic parts
. ( 1) General pur:pose degreaser does not include engine degreaser general pur:pose cleaner. adhesive remover. electronic cleaner electrical cleaner. metal polish/cleanser oven or grill cleaner. products used exclusively in solvent cleaning tanks or related equipment or products that are: <al Sold exclusively to establishments that manufacture or construct goods or commodities· and

UTAHSTATE BULLETIN , March 01 , 2013 , Vol. 2013, No. 5DAR File No. 37276 fb) Labeled not for retail sale. (2) Solvent cleaning tanks or related equipment includes. but is not limited to cold cleaners. vapor degreasers. conveyorized degreasers. film cleaning machines. or products designed to clean miscellaneous metallic parts by immersion in a container. "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. (I) General-use hand or body cleaner or soap includes. but is not limited to. hand or body washes. dual-purpose shampoobody cleaners. shower or bath gels. and moisturizing cleaners or**~** (2) General-use hand or body cleaner or soap does not. include prescription drug products. antimicrobial hand or body cleaner or soap. astringent/toner. facial cleaner or soap. hand dishwashing detergent (including antimicrobial). heavy-duty hand cleaner or soap. medicated astringent/medicated toner. or rubbing alcohol. "Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made of glass but does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses. photographic equipment scientific equipment and photocopving machines

. "Hair mousse" means a hairstyling foam designed to facilitate styling ofa coiffure and provide limited holding power "Hair shine" means any product designed for the primary purpose ofcreating a shine when applied to the hair. (1) Hair shine includes. but is not limited to. dual-useproducts designed primarily to impart a sheen to the hair. (2) Hair shine does not include hair spray hair mousse.. hair styling gel or spray gel. or products whose primary purpose is to condition or hold the hair. "Hair styling gel" means a high viscosity. often gelatinous. product that contains a resin and is designed for the application to hair to aid in styling and sculpting ofthe hair coiffure

. "Hair spray" means a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufticient rigidity to the coiffure to establish or retain the style for a period oftime

. "Hair Styling Product" means a consumer product manufactured on or after January 

### I 2009 that is designed or labeled as a product for the application to wet. damp or dry hair to aid in defining. shaping. lifting. styling or sculpting ofthe hair. ([) Hair styling product includes. but is not limited to. hair balm. clay. cream. curl straightener. gel. liquid. lotion. paste. pomade. putty. root lifter serum. spray gel stick temporary hair straightener wax spray products that aid in styling but do not provide finishing of a hairstyle. and leave-in volumizers. detanglers or conditioners that make stvling claims. (2) Hair styling product does not include hair mousse. hair shine. hair spray. or shampoos or conditioners that are rinsed. from the hair prior to styling. "Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult dirt and soils such as oil. grease. grime. tar. shellac. putty. printer's ink. paint. graphite. cement. carbon. awhalt. or adhesives from the hand with or without the use of water but does not include prescription drug products. antimicrobial hand or body cleaner or soap. astringent/toner. facial



### UTAH STATE BULLETIN , March 

### 01 , 2013 , Vol. 

### 2013, No. 5 NOTICES OF PROPOSED RULES
cleaner or soap. general-use hand or body cleaner or soap. medicated astringent/medicated toner. or rubbing alcohol. "Herbicide" means a pesticide product designed to kill or retard a plant's growth. but excludes products that are: (I) For agricultural use: or (2) Restricted materials that require a permit for use and

. possession. "High volatility organic compound fHVOC)" means any volatile organic compound that exerts a vapor pressure greater than 

### 80 millimeters of Mercury (mm Hg) when measured at 

### 20 degrees**~** "Household product" means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals. including the immediate surroundings. "Insecticide" means a pesticide product that is designed · for use against insects or other arthropods. but excluding products that are: (]) For agricultural use· (2) For a use which requires a structural pest control license under applicable state or federal laws or regulations: or (3) Restricted materials that require a permit for use and possession. "Insecticide fogger" means any insecticide product designed to release all or most of its content as a fog or mist. into

. indoor areas during a single application

. "Institutional product" or "Industrial and institutional 0&1\ product" means a consumer product that is designed for use in the maintenance or operation ofan establishment that manufactures. transports. or sells goods or commodities or provides services for profit or is engaged in the nonprofit promotion of a particular public. educational. or charitable cause. (]) Establishments include but are not limited to. government agencies. factories. schools. hospitals sanitariums. prisons. restaurants. hotels. stores automobile service and parts centers. health clubs. theaters or transportation companies

. (2) Institutional product does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site ofthe establishment. "Label" means any written printed. or graphic matter affixed to. applied to attached to blown into. formed molded into

.. embossed on. or appearing upon any consumer product or consumer product package for purposes of branding. identifying. or giving information with respect to the product or to the contents of the package

. "Laundrv prewash " means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance. "Laundry starch product" means a product that is designed for application to a fabric. either during or after laundering. to impart and prolong a crisp. fresh look and may also act to help ease ironing ofthe fabric and includes. but is not limited to. fabric finish. sizing. and starch. "Lawn and garden insecticide" means an insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods

.



### 27NOTICES OF PROPOSED RULES "Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under

. ASTM D 4359- 90 but does not include powders or other materials that are composed entirely ofsolid particles "Lubricant" means a product designed to reduce friction heat noise or wear between moving parts or to loosen rusted or immovable parts or mechanisms

. (I) Lubricant does not include automotive power steering fluids: products for use inside power generating motors engines and turbines and their associated power-transfer gearboxes: 

## two cycle oils or other products designed to be added to fuels · products

. for use on the human body or animals: or products that are: (a) Sold exclusively to establishments that manufacture or construct goods or commodities · and 

### Cb) Labeled not for retail sale "LVP content" means the total weight. in pounds of LVP compounds in a product multiplied by I00 and divided by the product's total net weight (in pounds excluding container and packaging). expressed to the nearest 0.1. "LVP-VOC" means a chemical compound or mixture that contains at least one carbon atom and meets one ofthe following : {I) Has a vapor pressure less than 0.1 mm Hg at 20_ degrees Celsius. as determined by CARB Method 3 I0: (2) Is a chemical compound with more than 12 carbon atoms. or a chemical mixture comprised solely of compounds with more than 12 carbon atoms. and the vapor pressure is unknown: (3) Is a chemical compound with a boiling point greater than 216 degrees Celsius as determined by CARB Method 310: or (4) Is the weight percent of a chemical mixture that boils above 216degrees Celsius. as determined by CARS Method 

### 1l1L (5) For the purposes ofthe definition ofLVP-VOC: (a) "Chemical compound" means a molecule of definite chemical formula and isomeric structure: and (b) "Chemical mixture" means a substrate comprised of two or more chemical compounds

. "Manufacturer" means anv oerson who imports. manufactures assembles

. produces. packages. repackages. or relabels a consumer product. "Medicated astringent/medicated toner" means any product regulated as a drug by the FDA which is applied to the skin for the purpose ofcleaning or tightening pores, (I) Medicated astringent/medicated toner includes but is not limited to clarifiers and substrate-impregnated products. (2) Medicated astringent/medicated toner does not include hand

. face. or body cleaner or soap products astringent/toner. cold cream lotion antiperspirants or products that must be purchased with a doctor's prescription "Medium volatility organic compound (MVOC)" means any volatile organic compound that exerts a vapor pressure greater than two mm Hg and less than or equal to 80 mm Hg when measured at 20 degrees Celsius "Metal polish/cleanser" means any product designed primarily to improve the appearance of finished metal. metallic. or metallized surfaces by physical or chemical action. (I) 

### To improve the appearance means to remove or reduce stains impurities or oxidation from surfaces or to make surfaces smooth and shiny

28 DAR File No
. 37276
(2) Metal polish/cleanser includes but is not limited to. metal polishes used on brass silver chrome copper stainless steel and other ornamental metals, (3) Metal polish/cleanser does not include automotive wax. polish. sealant or glaze wheel cleaner paint remover or stripper products designed and labeled exclusively for automotive and marine detailing. or products designed for use in degreasing tanks "Mist spray adhesive" means any aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray. resulting in the formation of fine discrete particles that yield a generally uniform and smooth apolication of adhesive to the substrate "Multi-purpose dry lubricant" means any lubricant that is · ( 1) Designed and labeled to provide lubricity by depositing a thin film of graphite molybdenum disulfide ("moly"). or polvtetrafluoroethylene or closely related fluoropolymer ("teflon") on surfaces: and (2) Designed for general purpose lubrication or for use in a wide varietv ofapplications, "Multi-purpose lubricant" means anY lubricant designed for general purpose lubrication or for use in a wide variety of applications but does not include multi-purpose dry lubricants. penetrants. or silicone-based multi-purpose lubricants, "Multi-purpose solvent" means any organic liquid designed to be used for a variety ofpurposes. including cleaning or degreasing of a variety of substrates. or thinning. dispersing or dissolving other organic materials. (I) Multi-purpose solvent includes solvents used in institutional facilities. except for laboratory reagents used in analytical. educational. research. scientific or other laboratories, (2) Multi-purpose solvent does not include solvents used in cold cleaners vapor degreasers conveyorized degreasers or film cleaning machines or solvents that are incomorated into. or used exclusively in the manufacture or construction of. the goods or commodities at the site ofthe establishment "Nail polish" means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to. lacquers. enamels. acrylics base coats and top coats "Nail polish remover" means a product designed to remove nail polish and coatings from fingernails or toenails, ''Non aerosol product" means any consumer product that is not dispensed by a pressurized spray system, "Non carbon containing compound" means any compound which does not contain anv carbon atoms, "Non-selective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species, "Oven or grill cleaner" means a product labeled exclusively as a product to remove baked on grease or deposits from food preparation or cooking surfaces, "Paint" means any pigmented liquid. liguefiable. or mastic comoosjtion designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection decoration or identification or to serve some functional pumose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics

UTAHST A TE BULLETI N, March 01 , 2013, Vol. 2013, No
. 5DAR File No. 37276
"Paint remover or stripper" means any product designed to strio or remove paints or other related coatings. by chemical action. from a substrate without markedly affecting the substrate but does not include "Multi-purpose Solvents''. paint brush cleaners. products designed and labeled exclusively to remove graffiti. and hand cleaner products that claim to remove paints and other related coatings from skin, "Paint thinner" means a liguid that is added to paint to. make it less thick or to remove paint from an applicator. "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting oxidation or other causes but does not include "Multipurpose Lubricants" that claim to have penetrating gualities. but are not labeled primarily to loosen bonded parts. "Pesticide" means and includes any substance or mixture of substances labeled. designed. or intended for use in preventing. destroying. repelling or mitigating any pest. or any substance or mixture of substances labeled designed or intended for use as a defoliant. desiccant. or plant regulator. provided that the term "pesticide" will not include any substance. mixture ofsubstances. or device which the United States Environmental Protection Agency does not consider to be a pesticide, "Principal display panel or panels" means that part. or those parts of a label that are so designed as to most likely be_ displayed. presented. shown or examined under normal and customarv conditions ofdisplay or purchase. Whenever a principal display panel appears more than once. all reguirements pertaining to the "principal display panel" shall pertain to all such "principal displav panels." "Product category" means the applicable category which best describes the product as listed in Table I, "Propellant" means a liguefied or compressed gas that is used in whole or in part. such as a cosolvent. to expel a liguid or any other material from the same self-pressurized container or from a separate container. "Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is_ applied to a button. trigger or other actuator. "Restricted materials" means pesticides established as restricted materials under applicable state or federal laws or regulations. "Roll on product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area. "Rubber /vinyl protectant" means any product labeled as a product that protects. preserves or renews vinyl or rubber on vehicles. tires luggage. furniture or household products such as vinyl covers. clothing or accessories Rubber/vinyl protectant does not include products labeled to clean the wheel rim. such as aluminum or magnesium wheel cleaners and tire cleaners that do not leave an appearance-enhancing or protective substance on the**~** "Sanitizer" means a product that is labeled as a sanitizer or labeled 

### as a product to reduce. but not necessary eliminate._ microorganisms in the air. on surfaces. or on inanimate objects and

. whose label is registered as a sanitizer under the Federal Insecticide. Fungicide. and Rodenticide Act CFLFRA: 7 U.S.C. section 136 et**~**

UTAHSTATE BULLETIN, March 01, 2013 , Vol. 2013, No. 5 NOTICES OF PROPOSED RULES "Rubbing alcohol" means any product contammg isopropyl alcohol (also called isopropanoll or denatured ethanol and labeled for topical use usually to decrease germs in minor cuts and scrapes. to relieve minor muscle aches. as a rubefacient and for massage, "Sealant and caulking compound" means any product with adhesive properties that is designed to fill. seal. watemroof. or weatherproofgaps or joints between two surfaces. <I) Sealant and caulking compound does not include roof cements and roof sealants: insulating foams: removable caulking compounds: clear /paintable/water resistant caulking compounds · floor seam sealers: products designed exclusively for automotive uses· or sealers that are applied as continuous coatings. (2) Sealant and caulking compound also does not include units ofproduct. less packaging. which weigh more than one pound and consist ofmore than 16 fluid ounces, (3) For the purposes ofthis definition only: (a) "Removable caulking compounds" means a compound which temporarily seals windows or doors for three to six month time intervals: and Cbl "Clear /paintable/water resistant caulking compounds" means a compound which contains no appreciable level of opague. fillers or pigments: transmits most or all visible light through the caulk when cured· is paintable· and is immediately resistant to precipitation upon application

. "Semisolid" means a product that. at room temperature. will not pour. but will spread or deform easily. including gels._ pastes. and greases. "Shaving cream" means an aerosol product which dispenses a foam lather intended to be used with a blade. cartridge razor. or other wet shaving system in the removal of facial or other bodily hair. "Shaving Gel" means an aerosol product that dispenses a postfoaming semisolid designed to be used with a blade. cartridge razor. or other shaving system in the removal offacial or other bodilv hair

. "Silicone-based multi-purpose lubricant" means any lubricant which is: (I) Designed and labeled to provide lubricity primarily through the use ofsilicone compounds including. but not limited to. polydimethylsiloxane: and (2) Designed and labeled for general purpose lubrication. or for use in a wide variety ofapplications. (3) Silicone-based multi-purpose lubricant does not include products designed and labeled exclusively to release manufactured products from molds. "Single phase aerosol air freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use. "Solid" means a substance or mixture of substances which. either whole or subdivided (such as the particles comprising a powder) is not capable of visually detectable flow as determined under ASTM D-4359-90, "Special purpose spray adhesive" means an aerosol adhesive that meets any ofthe following definitions: (I) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs artwork and anv other drawn or printed media to a backing (paper. board. cloth. etc.) without causing discoloration to the artwork

.
29NOTICES OF PROPOSED RULES
(2) "Flexible vinvl adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates (a) "Flexible vinyl" means a nonrigid polyyinyl chloride plastic with at least five percent bv weight. ofolasticizer content. Cb) "Plasticizer" means a material such as a high boiling

. point organic solvent that is incorporated into a plastic to increase. its flexibility workabilitv or distensibility. and may be determined using ASTM Method E260-91 or from product formulation data (3) "Polystyrene foam adhesive" means an aerosol adhesive designed to bond polystvrene foam to substrates

. (4) "Automobile headliner adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners. (5) "Polyolefin adhesive" means an aerosol adhesive designed to bond polyolefins to substrates (6) "Laminate repair/edgebanding adhesive" means an aerosol adhesive designed for: (a) The touch-up or repair of items laminated with high

. pressure laminates (e

.g.. lifted edges delaminates. etc
.): or (b) The touch-up. repair or attachment of edgebonding materials including but not limited to other laminates. synthetic marble. veneers wood molding. and decorative metals (c) For the purooses of this definition "high pressure laminate" means sheet materials that consist of paper. fabric. or other core material that have been laminated at temperatures exceeding 265 degrees Fahrenheit. and at pressures between 1.000 and 1400 psi. (]) "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance. as well 

## as high shear strength at temperatures of 200 to 275 degrees Fahrenheit "Spot remover" means any product designed to clean localized areas or remove localized spots or stains on cloth or fabric such 

## as drapes. carpets. upholstei:y and clothing. that does not require subsequent laundering to achieve stain removal but does not include di:y cleaning fluid laundi:y prewash. carpet and upholstei:y cleaner or multi-purpose solvent. "Spray buff product" means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad. "Stick product" means anY antiperspirant or deodorant that contains active ingredients in a solid matrix form and that dispenses the active ingredients by frictional action on the affected "Structμral waterproof adhesive" means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water. and that conforms with Federal Specification MMM-A-181 <Twe 

### I. Grade Al and MIL-A-4605 (Type A. Grade A and Grade Cl. This definition is as per the Federal Consumer Products Regulation 40 CFR 59 Subpart C. "Terrestrial" means to ljye on or grow from land "Temporai:y hair color" means any product that applies color glitter or UV-active pigments to hair wigs or fur and is removable when washed "Tire sealant and inflation" means any pressurized product that is designed to temporarily inflate and seal a leaking tire "Type A propellant" means a compressed gas such as 

## col' Nl' Np
. or compressed air which is used as a propellant and is

.
30 DAR File No
. 37276
either incorporated with the product or contained in a separate chamber within the product's packaging "Twe B propellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs) hydrochlorofluorocarbons CHCFCs) and hydrofluorocarbons 

### .Q::IECll "Type C propellant" means any propellant which is not a Type A or Type B propellant including propane isobutane. n butane. and dimethyl ether lalso known as dimethyl oxide) "Undercoating" means any aerosol product designed to impart a protective non-paint layer to the undercarriage trunk interior or firewall of motor vehicles to prevent the formation of rust or to deaden sound and includes but is not limited to rubberized mastic or asphaltic products "YOC content" means the total weight of YOC in a product expressed as a percentage ofthe product weight (exclusive ofthe container or packaging). "Wasp and hornet insecticide" means any insecticide product that is designed for use against wasps. hornets. yellow jackets or bees by allowing the user to spray from a distance a. directed stream or burst at the intended insects. or their hiding**~** "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates "Waterproofer" does not include "Fabric Protectants" "Wax" means a material or svnthetic thermoplastic substance generally ofhigh molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols except glycerol and high polvmers (plastics) and includes. but is not limited to. substances derived from the secretions ofplants and animals such as carnuba wax and beeswax. substances of a mineral origin such as ozocerite and paraffin and synthetic polvmers such as polyethylene, "Web spray adhesive" means any aerosol adhesive which is not a mist spray or special purpose spray adhesive, "Wood cleaner" means a product labeled to clean wooden materials. including but not limited to. decking fences flooring logs. cabinet[)'. and furniture "Wood floor wax" means wax based products for use



### UTAHSTATE BULLETIN , March 

### OJ, 2013 , Vol. 2013 , No. 5Mountin automotive Engine compartment , and fl exi bl e vinyl Polystyrene foam and automotive headliner Polylolefin and laminate repair/ edgebandi ng Construction , panel , and floor Contact genera 1
Contact speci a 1

Genera 1 purpose Structural waterproof Air Fresheners: 70

65 55

60

55

80

80 15
Single-phase aerosols 30 Double-phase aerosols Dual-purpose air freshener/ disinfectant aerosol 25

60 Liquids/pump sprays 18 Solids/s emisolids Antiperspirants: Aerosol 40 HVOC 10 MVOC Non-aerosol 0 HVOC 0 MVOC Anti-static product: Non-aerosol Aerosol

45

15


### UTAH STATE BULLETIN, March Ol, 2013, Vol. 2013, No. 5 Automotive wi ndshi el d was her fluids Bathroom and Ti 1 e Cleaners: Aerosols A

11 other forms Brake**cle~ner** Bug and tar remover Carburetor or fuel-injection air intake cleaners Carpet and Upholstery Cleaners: Aerosols Non-aerosols (dilutables)

Aerosols A 11 other Electrical cleaner Electronic cleaner Engine Degreasers: Aerosol Non

- aerosol Fabric protectants Fabric refresher: Aerosol Non-aerosol Floor Poli shes or Waxes: Res i 1 i ent flooring materials 35

10 40 10

3.0
18

70

0 HVOC 10 MVOC 0 HVOC 0 MVOC

25

10

60

15

### NOTICES OF PROPOSED RULES

Aeros Solid 0 her fonns Furniture Maintenance Products: Aerosols Non-aerosol (exceot solid or oastel Genera 1 Puroose Cleaners : Aerosols Non-aerosols Genera 1 Purpose Degreasers: Aerosols Non-aerosols Glass Cleaners : Aeroso1 s Non-aerosols Graffiti Remover: Aerosols Non-aerosols Hair mousses Hair shines Hai rsprays Hair styling gels Hair Styling Products: Aerosol and pump sprays A 11 other fonns



### 32 75

17

8

10

12

50 30

55 55

15

20
25 Flying bug (aerosol) Flying bug (a 11 other fonns l Foggers Lawn and garden (a 11 other fonns l Lawn and garden (non-aerosol J Wasp and hornet Laundry ?rewashes: Aerosols / solids A 11 other fonns Laundr starch

Cleaners:

Pain remover or strippers Paint Thinner Penetrants Rubber and Vinyl Protectants: Aerosol Non-aerosols Sanitizer : Aerosol Non-aerosols Sea 1ants and caulking compounds Shaving creams Shaving gel 

### DAR File No. 37276

25
35
45 20

40

22

30

s 50

8

4 50

10

70



### UTAHSTATE BULLETIN , March 01, 2013, Vol. 2013, No
. 5DAR File No. 37276

60

25 8 55 aerosol 20 i nfl ators Toilet urinal Aerosols 10 Non-aerosol Undercoati n s Wood Cleaner: Aerosol Non-Aerosol



### 'AHSTATE BULLETIN, March 01, 2013 , Vol. 2013, No. 5 NOTICES OF PROPOSED RULES



### R307-357-5. Charcoal Lighter Material Products. No person shall sell. supply or offer for sale any charcoal lighter material products unless the product has been issued and conforms to the conditions in a currently effective certification issued by the CARB pursuant to the provisions of 17 CCR 94509(h) as of the effective date of R307-357 A copy of the CARB certification decision shall be submitted to the director upon**~** 

### R307-357-6. Exemptions. (I) R307-357 shall not apply to any consumer product manufactured for shipment and use outside ofthe counties specified in R307-357-2 as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the applicable counties and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the applicable counties. (2) The medium volatility organic compound IMVOC\ content standards specified in Table 1 for antiperspirants or deodorants shall not apply to ethanol. (3) The VOC limits specified in Table I shall not apply to fragrances up to a combined level of2% by weight contained in any consumer product and shall not apply to colorants up to a combined level of2% by weight contained in any antiperspirant or deodorant.

33NOTICES OF PROPOSED RULES (4) The requirements in Table I for antiperspirants or deodorants shall not apply to those voes that contain more than ten carbon atoms per molecule and for which the vapor pressure is unknown or that have a vapor pressure oftwo mm Hg or less at 20 degrees Celsius. (5) The VOC limits specified in Table I shall not apply to anv LVP-VOC. (6) The requirements of R307-357-10 shall not apply to consumer products registered under the Federal Insecticide Fungicide and Rodenticide Act 

### <FIFRA · 7 U S.C. Section 136/ 136y). (7) The VOC limits specified in Table 1shall not apply to air fresheners that are comprised entirely of fragrance. less compounds not defined as VOCs or exempted under R307-357-6

. f8) The VOC limits specified in Table 1shall not apply to air fresheners and insecticides containing at least 98% paradichlorobenzene. (9) The VOC limits specified in Table !shall not apply to adhesives sold in containers ofone fluid ounce or less (] 0) The VOC limits specified in Table I shall not apply to bait station insecticides. 

### R307-357-7. Innoyatiye Products. 

### <I) Consumer products that have been granted an innovative products exemption by the CARB under provisions of 17 CCR 94511 as of the effective date of R307-357. shall be exempt from the VOC content limits in listed in Table I for the period of

. time that the innovative product exemption remains in effect (2) Any manufacturer claiming such an exemption shall submit to the director a copy of the CARB exemption decision including all conditions established by CARB applicable to the exemption before the date that the product is first marketed in the applicable counties

. 

### R307-357-8. Alternate Control Plan fACP). fl) Any manufacturer of consumer products who has been granted an ACP agreement by the CARB under provisions of 17 CCR 94540-945555 as ofthe effective date ofR307-357 shall be exempt from yOmpJying with the VOC \(Ontent limits established in Table 

### I for the period of time that the ACP agreement remains in 

### tlflli. (2) Any manufacturer claiming an ACP agreement shall submit upon request to the director a copy of the ACP dedsion. including all conditions applicable to the exemption before the date that the product is first marketed in the applicable counties

. 

### R307-357-9. Variances. (I) Consumer products that have been granted a variance by the CARB under the provisions of 17 CCR 94511 as of the effective date of this rule shall be exempt from complying with the VOC content limits established in Table I for the period oftime that the variance remains in effect (2) Any person claiming a variance shall submit a copy of the variance decision to the director including all conditions applicable to the variance before the date that the product is first marketed in the applicable counties.

34 DAR File No
. 37276


### R307-357-10. Administrative Requirements. (I) Product Dating Each manufa¥turer of a consumer product subject to the standards established in Table I shall clearly display on each wnsumer product \(Ontainer or package the day month. and year on which the product was manufactured or a code indicating SU\'h date

. (a) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of R307-357-10(3)fa) if the code is represented separately from other codes on the produ¥t wntainer so that it is easily recognizable : YY ODD= year year day day day where: 

### "YY" = two digits representing the year in which the product was manufa¥tured

. and "DDD" = three digits representing the day ofthe year on whi¥h the produ¥t was manufa\(tured. with "001" representing the first dav of the year. "002" representing the second day ofthe year. and so forth (i e the "Julian date"). Cb) The date information shall be lo¥ated on the container or inside the cover or cap so that it is readily observable or obtainable by simply removing the \'ap or cover without disassembling any part ofthe \(ontainer or packaging

. (c) The date information shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable standard specified in_ Table I

. fd) No person shall erase. alter. deface or otherwise remove or make illegible any date from anY regulated product container without the express authorization ofthe manufacturer (2) The requirements of this provision shall not apply to. products containing no voes or to products containing voes at 0

. 10% by weight or less. (3) 

### If a manufacturer uses a code indicating the date of manufacture for any consumer product subject to R307-357-4. an explanation of the date portion of the wde shall be supplied to the director within 30 day ofwritten request. 

### R307-357-11. Reporting Requirements. (I) Upon 90 days written notice the director may require any responsible party to report information for any \(onsumer product or products the director may specify including but not limited to. all or part ofthe following information: 

### Ca) The name of the responsible party and the party's_ address telephone number. and designated contact person: Cb) The product brand name for each consumer product subject to registration and the product label· (c) The product category to which the consumer product Cd) The applicable product forms listed separately: (e) An identifi¥ation of ea¥h produ¥t brand name and form as a "household product " "I&I Product." or both· 

### CO Separate sales applicable counties in pounds per year to the nearest pound. and the method used to calculate the sales for each product form · (g) For registrations submitted by two companies. an identification of the company that is submitting relevant data separate from that submitted by the responsible party:



### UTAHSTATE BULLETIN, March 01, 2013, Vol. 2013 , No
. 

### 5

### DAR File No. 37276 Ch) For each product brand name and form. the net percent by weight ofthe total product less container and packaging. comprised of the following. rounded to the nearest one tenth of a (i) 

### Total non-VOC compounds. (ii) Total LVP-VOCs that are not fragrances

. Ciii) Total all other carbon containing compounds that are not fragrances

. (iv) Total all non-carbon containing compounds. (v) Total fragrance

. (vi) For products containing greater than two% by weight fragrance : (Al The percent offragrance that are LVP-VOCs · and (B) 

### The percent of fragrance that are all other carbon containing compounds. (vii) Total paradichlorobenzene. (i) For each product brand name and form. the identity

. . including the specific chemical name and associated chemical abstract services (CAVES) number. ofthe following: Ci) Each non-VOC Compound: and (ii) 

### Each LVP-VOC that is not a fragrance

. (j) 

### If 

### applicable. the weight percent comprised of propellant for each product· (kl If 

### applicable. an idenlification of the type of propellant <Type A. Type B. Type C. or a blend of the different**~** (2) In 

### addition to the requirements of section R307-357- I ICll. 

### the responsible party shall report or shall arrange lo have reported to the director the net percent bv weight of each ozonedepleting compound which is : (a) Listed in R307-357-4(6): and Cb) 

### Contained in a product subject to registration under R307-357-I )([)in 

### any amount greater than 0.1 percent by weight. (3) For the puroose of R307-357-Il "product fOim" means the applicable fo1m which most accurately describes the product's dispensing form as 

### follows: A=Aerosol Product S = Solid P = Pump Spray L = Liquid SS = Semisolid 

### 0 =Other R307-357-12. Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride.

### (]) The requirements of R307-357-12 shall apply to all responsible parties for consumer products that are subject to the standards established in Table l 

### and contain perchloroethylene or methylene chloride. (a) For the purooses ofthis subsection. a product contains perchloroethylene or methylene chloride if the product contains 1.0% or more bv weight (exclusive of the container or packaging) ofeither perchloroethylene or methylene chloride

. (2) For each consumer product that contains perchloroethylene or methylene chloride. upon request from the director

. the responsible partv shall report the following information for products sold in the applicable counties within 90 days written notice:


### UT

AHST ATE BULLETIN , March 01 , 2013 , Vol. 2013 , No
. 5 NOTICES OF PROPOSED RULES (a) The product brand name and a copy of the product label with legible usage instructions: (bl The product catego1y to which the consumer product (c) The applicable product forms llisled separately): (d) For each product form listed in R307-357-l2(c). the total sales in the applicable counties during the calendar year. to the nearest pound (exclusive of the container or packaging). and the method used for calculating the sales: and (e) The weight percent to the nearest 0.10 percent. of perchloroethylene and methylene chloride in the consumer product. R307-357-13. Test Methods. 

### Testing to detennine compliance with the requirements of this regulation shall be performed using the CARB Method 310. Determination of Volatile Organic Compounds 111 

### Consumer Products. which is herein incorooraled by reference

. R307-357-14. VOC Content Determinations Using Product Formulation and Records. 

### (I) Testing to determine compliance with the requirements of R307-357 may also be demonstrated through calculation of the VOC content from records of the amounts of_ constituents used to make the product pursuant to the following (a) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount_ and chemical composition of the individual product constituents. and these records must be kept for at least three years . Cbl For the purposes of R307-357-I 3 the VOC content shall be calculated according to the following equation : VOC Content = «B-CV 

### Al x I00 where

. A = total net weight of unit (excluding container

. and packaging) B 

### = total weight of all VOCs. as defined in Table I. per C = total weight of VOCs exempted under R307-357

-6. (c) If

### product records appear to demonstrate compliance with the 

# voe limits. but these records are contradicted by product testing performed using CARB Method 310. the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this regulation. R307-357-15. Determination ofLiquid or Solid, 

### Testing to delennine whether a product is a liquid or solid

. shall be performed using ASTM D4359- 90 (2000). KEY: air pollution. consumer products Date ofEnactment or Last Substantive Amendment: 2013 Authorizing. and Implemented or Interpreted Law: 19-2-101



### 35

# UTAH STATE BULLETIN

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

July 01, 2013
Nancy 

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

The 

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

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

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

## Bulletin or the rulemaking process may be addressed to: Division ofAdministrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information, and electronic versions ofall administrative rule publications are available at: http://www.rules.utah.gov/ The information in this 

## Bulletin is summarized in the 

## Utah State Digest (Digest). The 

## Digest is available by E-mail or over the Internet. Visit http://www.rules.utah.gov/publicat/digest.htm for additional information.Division ofAdministrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired

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

. Citation to the source is requested. Utah state bulletin. Semimonthly

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

# TABLE OF CONTENTS

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

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

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

. 37697 (Amendment) : R1 56-11 a Barber, Cosmetolog ist/Barber, Esthetician , Electrologist,

and Nail Techn ician Licens ing Act Rule

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

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

... . ............ .............................................. .. ........... . 7 No. 37706 (Amendment) : R156-69-302b Qualifications for Licensure
- Examination Requirements

- Dentist.

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

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

........ .. ............................. .............. ... ......................25 Education Adm inistration No

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

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 Adm inistration of the School LAND Trust Program

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

. 37739 (Amendment) : R277-484 Data Standards

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

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

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

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

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

. 37742 (Amendment) : R277-490 Beverley Taylor Sorenson Elementary Arts Learn ing 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 Qual ity Air Qual ity No

. 37703 ( Amendment) : R307-214 National Em ission 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 Facil ity 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 Adm inistration 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



### UTAHSTATE BULLET I N, July 0 1, 20 13, V ol. 20 13, 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

.. ...... .... .. .... ... . .... ...... .. ..... ...... .. ..... .... . .. ... . . .... . ....... . ............ . . . . . ....... .. ...... 1 37 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 Publ ic 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 Qual ity 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 Comm ission 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 

### UTAHSTA T E BU LLETI N, July 01 , 201 3, V ol. 2013 , No. 13

### TABLE OF CONTENTS
NOTICES OF RULE EFFECTIVE DATES........................................... ........................................................................................235 RULES INDEX BY AGENCY (CODE NUMBER) AND BY KEYWORD (SUBJECT).........................................................................................................................................................237



### UTAHSTATE BULLETI N, July 01 , 2013 , 

### Vol. 2013 , 

### No
. 13 iiiNOTICES OF CHANGES IN PROPOSED RULES 

# Environmental Quality, Air Quality 

# R307-342 Adhesives and Sealants JICE OF CHANGE IN PROPOSED RUL 

### DAR FILE NO. : 37275

FILED : 06/06/2013 RULE ANALYSIS PURPOSE THE RULE OR REASON CHANGE: Aft r evaluating comments receive · during the 30-day public c mment period and through c ntinued work with stakeholder , Division of Air Qual ity itaff identified several areas o the rule that needed (arification and improvement. Sp cifically, staff identified a need to add additional definition to the rule , to clarif and add further exemptions to the rul and to add a provis'on allowing sellers and users to cycle thro gh existing produ

. SUMMARY OF THE R E OR CHAN E: Several changes were made to the rule ex mption secti6n

. An exemption was added for military operati s

## wher~epartment of Defense military technical data is sp cifically required

. An exemption was added for facility-wide sers adhesives and sealants that use less than 55 gallo pef rolling 12-month period

. Primers that are dispensed fro

### ~erosol spray cans are also exempt from this rule

. Definitio for "aerospace component" and "Department of Defense ilitary technical data" were also added to the rule

. S ve I technical and clarifying corrections were also made hrou hout the rule

. Language was also added that allows ellers d users to cycle through product that is in their p session rior to the 09/01/2014 manufacture date

. (DAR NOTE : T ·s change in proposed rule has been filed to ma e additional anges to a proposed new rule that was pubr hed in the Ma ch 1, 2013, issue of the Utah State Bulleti on page 17

. U derlining in the rule below indicates te that has been added since the publication of the pr posed rule mentione above ; strike-out indicates text that as been deleted. Yo must view the change in propose rule and the proposed n w rule together to understand al of the changes that will e enforceable should the agen make this rule effective

.) \ STATUTORY R CONSTITUTIONAL

# AUTHORl**TION** FOR THIS RULE : ubsection 19-2-104(1 )(a) \ ANTICIPAT D COST OR SAVINGS TO: \ •THE ST E BUDGET: As these changes do not er ate any new requ· ements for the state , there are no**anticipat~d** 

### costs or savin s to the state budget. , • LOC GOVERNMENTS : As these changes do not dreate any n w requirements for local governments, there are no antici ated costs or savings

. \ • S ALL BUSINESSES: The changes made to the ruje aft 

### primary entities larger than small businesses ; therefore th re are no anticipated costs or savings to small

## businesses**~** DAR File No. 37275



### + PERSONS OTHER THAN SMALL BUSINES S BU

. NESSES, OR LOCAL GOVERNMENTAL ENTITI : By addin the exemption for operations that are etc sively**c~vere** 

### by**Depart~ent ~f**  

### Defense**milita~y** 

### technical ata, Hill Air For Base will particularly see savings as th will be able to m

### intai~ many of their contracts for aircraM epair and rework op rations and for the rebuilding ancl rework of weapons sy terns and equipment. Because th se contracts vary, it is di cult to estimate exactly what hose savings would be

. COMPLIANCE C STS FOR AFFECTED PERSONS : The changes made i this rulemaking e to add further**exe~ptions** 

### to the r e and to simply/ language to clarify the intent of the rule

. There are no nticipated compliance costs for affected perso s. COMMENTS BY THE EPARli ENT HEAD ON THE FISCAL IMPACT THE RUD MA HAVE ON BUSINESSES : As this change in proposed le dds exemptions for primers dispensed from aerosol sp cans , operations that are exclusively covered by the artment of defense military technical data, and users of adH sives and primers who use less than 55 gallons per oiling 12-month period , the rule creates a less burde ome 

### ti I impact on several businesses. THE FULL TEXT 0 THIS RULE Y BE INSPECTED DURING REGULAR USINESS HOUR AT: '

DIRECT ENVIRON ENTAL QUALITY AIR 

# au ITY FOURT FLOOR 195 N 950 W SAL LAKE CITY, UT 84116-3085 the Division ofAdministrative Rule

• Mark erger by phone at 801-536-4000, by F at 801- 536-00 5, or by Internet E-mail at mberger@utah.gov

HORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-342. Adhesives and Sealants. R307-342-1. Purpose
. The purpose of this rule is to limit emissions of volatile organic compounds (VOCs) from adhesives, sealants, primers and cleaning solvents

. 

### R307-342-2. Applicability. Beginning September I 2014 R307-342 applies to any person who manufactures 

### any adhesive sealanL adhesive primer or sealant primer in Box Elder Cache Davis Salt 

### Lake Utah or Weber counties and to 

### anY person who[;] sells, supplies, or applies any adhesive, sealant, adhesive primer or sealant primer in Box Elder,


### UTAHSTATE BULLETIN, July 01, 2013, Vol. 2013, No
. 13DAR File No. 37275
Cache, Davis, Salt Lake, Tooele, Utah or Weber [tettHey]counties[;- eegir-"liHg] manufactured on or after September 1, 2014. R307-342-3. Exemptions. (1) The requirements of R307-342 do not apply to the following:(a) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory; (b) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and exempt solvents , as applied; (c) Cyanoacrylate adhesives; (d) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less or that have a net weight of one pound or less, except plastic cement welding adhesives and contact adhesives; (e) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers wid1 a net volume ofone gallon or less;[-e¥] 

### (f) Aerosol [Sfll'!IJ]adhesive_s**[~]and** primers dispensed from aerosol spray cans[:];..Q[ lg) Polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic comoosite manufacturing facilities. (2) The requirements ofR307-342 do not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations: (a) Tire repair operations, provided the label ofthe adhesive states "for tire repair only;" (b) 

### ln the [!!Ssemel), rel"flir 

### llftB mE1m1fttettue]production. rework. repair. or maintenance ofaerospace vehicles and components. and undersea-based weapon systems; (c) 

### ln the manufacture ofmedical equipment;[-flltt!] (d) Operations that are exclusively covered by Department ofDefense military technical data and performed on site at installations owned and/or operated by the United States Armed Forces.**([ti]~)** Plaque laminating operations in which adhesives are used to bond clear , polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992

. (3) The requirements of R307-342 do not apply to commercial and industrial operations ifthe total 

## voe emissions from all adhesives, sealants, adhesive primers and sealant primers used at the source are less than 200 pounds per calendar year. (4) Adhesive products and sealant products shipped, supplied or sold exclusively outside of the areas specified in R307- 342-2 are exempt from d1e requirements ofd1is rule

. (5) [>''rH)"l"ersen elflittting**eJtCrHf'~eH** flttl'Sttttnt te R3G7 342 3 shttll reeeffi f!HB mttifltttin meHthl)'**el"em~eHttl** reeeffis s111lieieHt te eerfleHstrttte eeml"lillftee. ---+1(6..+)-]R307-342 shall not apply to any adhesive, sealant, adhesive prinler or sealant primer products manufactured for shipment and use outside of the counties specified R307-342-2 as long as the manufacturer or distributor can demonstrate both that the product is intended for shipment and use outside of the applicable counties and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the product is not distributed to the applicable counties.



### UTAHSTATE BULLETI N, July 01 , 2013 , Vol. 2013, No
. 13 NOTICES OF CHANGES IN PROPOSED RULES 16) R307-342 shall not apply to the use of any adhesives. sealants. adhesive primers. sealant primers. cleanup solvents and surface preparation solvents. provided the total volume of noncomplying adhesives sealants primers. cleanup and surface preparation solvents applied facility-wide does not exceed 55 gallons per rolling 12-month period

. (7) Commercial and industrial operations claiming exemption pursuant to R307-342-3 shall record and maintain operational records sufficient to demonstrate compliance. R307-342-4. Definitions. The following additional definitions apply to R307-342: "Acrylonitrile-butadiene-styrene (A BS) welding adhesive" means any adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is made by reacting monomers ofacrylonitrile, butadiene and styrene. "Adhesive" means any chemical substance that is applied for the purpose ofbonding two surfaces together other than by mechanical means. "Adhesive primer" means any product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface. "Aerospace component" means a fabricated part. assembled part. or completed uniL including passenger safety equipment of any aircraft. helicopter. missile or space vehicle. "Architectural sealant or primer" means any sealant or sealant primer intended by the manufacturer to be applied to stationary structures, including mobile homes and their appurtenances
. Appurtenances to an architectural structure include, but are not limited to: hand railings, cabinets, bathroom and kitchen fixtures, fences, rain gutters and downspouts, and windows

. "Automotive glass adhesive primer" means an adhesive prinler labeled by the manufacturer to be applied to automotive glass prior to installation ofthe glass using an adhesive or sealant. "Ceramic tile installation adhesive" means any adhesive intended by the manufacturer for use in the installation ofceramic tiles

. "Chlorinated polyvinyl chloride plastic (CPVC) plastic" means a polymer of the vinyl chloride monomer drnt contains 67% chlorine and is typically identified with a CPVC marking

. "Chlorinated polyvinyl chloride (CPVC) welding adhesive" means an adhesive labeled for welding of chlorinated polyvinyl chloride plastic. "Cleanup solvent" means a VOC-containing material used either' to remove a loosely held uncured (i.e., not 

### dry to the touch) adhesive or sealant from a substrate or to clean equipment used in applying a material. "Computer diskette jacket manufacturing adhesive" means any adhesive intended by the manufacturer to glue d1e fold-over flaps to the body ofa vinyl computer diskettejacket. "Contact bond adhesive" means an adhesive that: ( 1) is designed for application to bod1 surfaces to be bonded together; (2) is allowed to 

### dry before the two surfaces are placed in contact with each other; (3) forms an immediate bond that is inlpossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and (4) does not need sustained pressure or clamping ofsurfaces after the adhesive-coated surfaces have been brought together using

209NOTICES OF CHANGES IN PROPOSED RULES
sufficient momentary pressure to establish full contact between both surfaces

. "Contact adhesive" means an adhesive that feels dry to the touch and bonds instantly

. Contact adhesives do not include rubber cements that are primarily intended for use on paper substrates and vulcanizing fluids that are designed and labeled for tire repair only. "Cove base" means a flooiing tiim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge that is used in forming ajunction between the bottom wall course and the floor or to form an inside comer. "Cove base installation adhesive" means any adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at floor level. "Cyanoacrylate adhesive" means any adhesive with a cyanoacrylate content ofat least 95% by weight. "Deoartment of Defense military technical data" means a specification that specifies design requirements. such as materials to be used. how a requirement is to be achieved. or how 

## an item is to be fabricated or constructed

. "Enclosed cleaning system" means a cleaner consisting of a closed container with a door or top that can be opened and closed and fitted with cleaning connections

. A spray 

### gun is attached to the enclosed cleaning system by a connection, and solvent is pumped through the 

### gun to clean it. The cleaning solvent falls back into the cleaning system's solvent reservoir for recirculation. "Flexible vinyl" means non-rigid polyvinyl chloride plastic with**a~** 5%by weight plasticizer content. "Fiberglass" means a material consisting of extremely fine glass fibers

. "Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl, are excluded from this category
. "Laminate" means a product made by bonding together two or more layers ofmaterial. "Marine deck sealant" or "marine deck sealant primer" means any sealant or sealant primer labeled for application to wooden marine decks

. "Medical equipment manufacturing" means the manufacture ofmedical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs

. "Metal to urethane/rubber molding or casting adhesive" means any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment. "Multipurpose construction adhesive" means any adhesive intended by the manufacturer for use in the installation or repair of various construction materials, including but not limited to drywall, subfloor , panel, fiberglass reinforced plastic (FRP), ceiling tile and acoustical tile

. "Nonmembrane roofinstallation/repair adhesive" means any adhesive intended by the manufacturer for use in the installation or repair of nonmembrane roofs and that is not intended for the installation of prefabricated single-ply flexible roofing membrane,
210 DAR File No
. 37275 including, but not limited to, plastic or asphalt roof cement, asphalt roofcoating and cold application cement. "Outdoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use. "Panel installation" means the installation ofplywood, predecorated hardboard (or tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to studs or solid surfaces using an adhesive formulated for that purpose. "Perimeter bonded sheet flooring installation" means the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a stiip ofup to four inches wide around the perimeter ofthe sheet flooring. "Plastic cement welding adhesive" means any adhesive intended by the manufacturer for use to dissolve the surface ofplastic to form a bond between mating surfaces

. "Plastic cement welding adhesive primer" means any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding

. "Plasticizer" means a material such as a high boiling point organic solvent that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, as determined by ASTM Method E-260-96

. "Polyvinyl chloride (PVC) plastic" means a polymer of the chlorinated vinyl monomer that contains 57% chlorine. "Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended by the manufacturer for use in the welding ofPVC plastic pipe

. "Porous material" means a substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including, but not limited to, wood, paper and corrugated paperboard

. "Roadway sealant" means any sealant intended by the manufacturer for application to public streets, highways and other surfaces, including but not limited to curbs, berms, driveways and parking lots

. "Rubber" means any natural or manrnade rubber substrate, including styrene-butadiene rubber, polycWoroprene (neoprene), butyl rubber, nitiile rubber , chlorosulfonated polyethylene and ethylene propylene diene terpolymer

. "Sealant primer" means any product intended by the manufacturer for application to a substrate, prior to the application ofa sealant, to enhance the bonding surface. "Sealant" means any material with adhesive properties, including sealant primers and caulks, that is formulated primarily to fill, seal, waterproof or weatherproof gaps or joints between two surfaces. "Sheet-applied rubber installation" means the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand

. "Single-ply roof membrane" means a prefabricated single sheet of rubber, normally ethylene-propylenediene terpolymer, that is field applied to a building roofusing one layer ofmembrane material. "Single-ply roofmembrane installation and repair adhesive" means any adhesive labeled for use in the installation or repair of single-ply roofmembrane. ( 1) Installation includes, as a minimum, attaching the edge of the membrane to the edge of the roof and applying flashings to vents, pipes and ducts that protrude through the membrane

.
UTAHSTATE BULLETIN , July 01 , 2013 , Vol. 2013, No
. 13DAR File No. 37275 (2) Repair includes gluing the edges of tom membrane together, attaching a patch over a hole and reapplying flashings to vents, pipes or ducts installed through the membrane

. "Single-ply roof membrane adhesive primer" means any prin1er labeled for use to clean and promote adhesion ofthe single-ply roofmembrane seams or splices prior to bonding

. "Single-ply roof membrane sealant" means any sealant labeled for application to single-ply roofmembrane. "Structural glazing adhesive" means any adhesive intended by the manufacturer to apply glass, ceramic, metal, stone or composite panels to exterior building frames. "Subfloor installation" means the installation of subflooring material over floor joists, including the construction of any load bearingjoists. Subflooring is covered by a finish surface material. "Surface preparation solvent" means a solvent used to remove dirt, oil and other contaminants from a substrate prior to the application ofa primer, adhesive or sealant. "Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which the thickness of the bond line[W] is less than 0.25 mils

. ''Tire repair" means a process that includes expanding a hole, tear, fissure or blemish in a tire casing by grinding or gouging, applying adhesive, and filling the hole or crevice with rubber

. ''Traffic marking tape" means preformed reflective film intended by the manufacturer for application to public streets. highways and other surfaces, including curbs, berms, driveways and parking lots

. "Traffic marking tape adhesive primer" means any primer intended by the manufacturer for application to surfaces prior to installation oftraffic marking tape. "Undersea-based weapons systems components" means the fabrication of patts, assembly of parts or completed units of any portion ofa missile launching system used on undersea ships. "Waterproof resorcinol glue" means a two-part resorcinolresin-based adhesive designed for applications where the bond line must be resistant to conditions ofcontinuous immersion in fresh or salt water. 

### R307-342-5. Emission Standards. (I) Beginning September 

### l. 2014. [N]no person shall manufacturer[, sell, St:l!'!'lY er elfer fer sttle] any adhesive, sealant, adhesive primer or sealant primer with a VOC content in excess ofthe limits in Table I. (2) Beginning September 

### I. 2014. no person shall sell supply or offer for sale any adhesive. sealant adhesive primer or sealant primer with a VOC content in excess of the limits in Table I and that was manufactured on or after September 1. 2014, 

### ([;!U) Beginning September I 2014 [N]no person shall apply any adhesive, sealant, adhesive primer or sealant primer with a VOC content in excess of the limits in Table I unless that person uses an add-on control device as specified in R307-342-8 or unless the adhesive. sealant adhesive primer or sealant primer was manufactured before September 

### I. 2014. (4) The VOC content limits in Table l for adhesives applied to particular substrates shall apply as follows: (a) 

### If a person uses an adhesive or sealant subject to a specific VOC content limit for such adhesive or sealant in Table I


### UTAHSTATE BULLETIN, July 01 , 2013 , Vol. 2013, No
. 13 NOTICES OF CHANGES IN PROPOSED RULES
such specific limit is applicable rather than an adhesive-to-substrate_ limit: and (b) If an adhesive is used to bond dissimilar substrates together. the applicable substrate category with the highest 

## voe content shall be the limit for such use TABLE 1 VOC Content Limits for Adhesives, Seal ants, Adhesive Primers, Sealant Primers and Adhesives Applied to Particular Substrates (mi nus water and exempt compounds (compounds that are not defined as VOC). as applied Adhesive, Sealant, Adhesive Primer Category Adhesives ABS welding Ceramic tile installation Computer diskette jacket manufacturing Contact bond Cove base i nstallation CPVC welding Indoor floor covering installation Metal to urethane/ rubber molding or casting Multipurpose construction Norrnembrane roof insta11 ation/repair Other plastic cement welding Outdoor floor covering installation PVC welding Single-ply roof membrane installation/repair Structural glazing Thin metal laminating Ti re retread Perimeter bonded sheet vinyl flooring installation Waterproof resorci nol glue Sheet-applied rubber installation Seal ants Architectural Marine deck VOC Content Limit (grams VOC/l i ter)

400 130 850

250 150 490 150

850

200 300

510 250

510 250

100 780 100 660

170 850

250 760



### 211NOTICES OF CHANGES IN PROPOSED RULES

N orrnembrane roof 300 i nsta11 ati on/ repair Roadway 250 Single-pl y roof membrane 450 O ther 420 Adhesive P rimers Automoti ve glass 700 Pl as tic cement welding 650 Single-ply roof membrane 250 Traffic mark ing tape 150 Other 250 Sealant Primers Non-porous architectural 250 Porous archi tectural 775 Marine deck 760 Other 750 Adhesives Applied to the Listed Substrate Flexible vinyl 250 Fibergl ass 200 Metal 30 Porous materi al 120 Rubber 250 Other substrates 250 

### R307-342-6. Application Equipment. (I) An operator shall only use the following equipment to apply adhesives and sealants : (a) Electrostatic application ; (b) Flow coater; (c) RoII coater; (d) Dip coater; (e) Hand application method; (f) Airless spray and air-assisted airless spray ; (g) High volume, low pressure spray equipment operated in accordance with the manufacturers specifications; or (h) Other methods having a minimum 65% transfer efficiency.(2) Removal of an adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment shall be performed as follows : (a) In an enclosed cleaning system; (b) Using a solvent with a VOC content less than or equal to 70 grams ofVOC per liter ofmaterial ; or (c) Parts containing dried adhesive may be soaked in a solvent ifthe composite vapor pressure ofthe solvent, excluding water and exempt compounds, is less than or equal to 9

.5 mm Hg at 20 degrees Celsius and the parts and solvent are in a closed container that

212 DARFile No. 37275
remains closed except when adding parts to or removing parts from the container

. 

### R307-342-7. Administrative Requirements. (I) Each person that manufactμres adhesives. sealants and adhesive primers subject to this rule shall maintain records demonstrating compliance[ ,;itfi tltis rttle, iflelttding

.

## L (2) Commercial and industrial operations that are not exempt under R307-342-3 shall maintain records demonstrating compliance with this rule including: (a) A list ofeach adhesive, sealant, adhesive primer , sealant primer cleanup solvent and surface preparation solvent in use and in storage; (b) A material data sheet for each adhesive, sealant, adhesive primer , sealant primer, cleanup solvent and surface preparation solvent; (c) A list of catalysts, reducers or other components used and the mix ratio; (d) The VOC content or vapor pressure, as applied; and (e) The monthly volume ofeach adhesive, sealant, adhesive primer, sealant primer cleanup solvent and surface preparation solvent used

. (2) Except as provided in R307-342-6(2), no person shall use materials containing VOCs for the removal ofadhesives, sealants, or adhesive or sealant primers from surfaces, other than spray application equipment, unless the composite vapor pressure of the solvent used is less than 45 mm Hg at 20 degrees Celsius

. 

### R307-342-8. OptionalAdd-On Controls. (I) VOC emissions from the manufacturer or use of all adhesives, sealants, adhesive primers or sealant primers subject to this rule shall be reduced by an overall capture and control efficiency ofat least 85% by weight. (2) The owner or operator of an emission control system shall provide documentation that the emissions control system will attain the requirements ofR307-342-8. (3) The owner or operator of an emission control system shall maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being operated and maintained in accordance with the manufacturer recommendations

. 

### R307-342-9. ContainerLabeling. Each manufacturer of an adhesive, sealant, adhesive primer or sealant primer subject to this rule shall display the following information on the product container or label: (I) A statement of the manufacture's recommendation regarding thinning, reducing, or mixing ofthe product. (a) R307-342-9 does not apply to the thinning of a product with water
. (b) 

### If the thinning of the product prior to use is not necessary , the recommendation shall specify that the product is to be applied without thinning. (2) The maximum or the actual VOC content ofthe product in accordance with Table I, as supplied, displayed in grams ofVOC per liter ofproduct; and (3) The maximum or the actual VOC content ofthe product in accordance with Table I, which includes the manufacture's

UTAHST A TE BULLETIN , July 01 , 2013, Vol. 2013, No. 13DAR File No. 37275

maximum recommendation for thinning, 

### as applied, displayed in grams ofVOC per liter ofproduct. 

### KEY: air pollution, adhesives, sealants, primers Date ofEnactment orLast Substantive Amendment: 2013 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a) 

# Environmental Quality, Air Quality // 

# R307-357 / Consumer Products / JICE OF CHANGE IN PROPOSED RULE 

### DAR FILE NO. : 37276 

# I

FILED : 06/06/2013 RULE ANALYSIS PURPOSE 

### 0 THE RULE OR REASO FOR THE CHANGE : Afte evaluating comments rece'ived during the 30-day public co ment period and

### throu~**h** continued work with stakeholders , Division of Air Quaj1ty staff identified several areas of e rule that neede'd clarification and improvement. Speci cally staff identifieclthe need to add and amend several of the efinitions in the G 1e

. SUMMARY OF

# THE~ RE OR CHANGE : Definitions for "fabric refresher'' and "gr 1ti remo y er' were added while the definitions for "general pur**~se defl~easer** **,"** 

### "lubricant," "multipurpose solvent,""paint thinn. r," and "sanitizer," are amended to add greater clarity as to h"ch consumer products were required to meet the VO content limits in Table 1

. Add itionally, clarifying and e hnical changes are made throughout the rule. (DAR OT : This change in proposed rule has been filed to make additi al changes to a proposed new rule that was publis d in th March 1 , 2013 , issue of the Utah State Bulletin , n page 1 Underlining in the rule below indicates text hat has b en added since the publication of the proP, sed rule ment1 ned above ; strike-out indicates text that h s been deleted. You must view the change in proposed ule and the propos d new rule together to understand all •f the changes that ill be enforceable should the agencY, make this rule effective .) STATUTORY 

### 0 CONSTITUTIONAL AUTHO THIS RULE : ction 19-2-101 ANTICIPAT COST OR SAVINGS TO : • THE ST. E BUDGET: There are no new requi ments for the state i · this rule ; therefore, there are no costs o avings

. • LOCA GOVERNMENTS : There are no new requ ements to local overnment that result in additional costs or sa ings. • SM L BUSINESSES : There are no changes that r ult in any sts or savings to small businesses as the ch mad are to improve and clarify definitions of terms ed thr ughout the rule and to add language to clarify r le re uirements

. 

### UTAH STATE BULLETI N, July 01 , 2013 , Vol. 2013 , No. 13 NOTICES OF CHANGES TN PROPOSED RULES

# ~ PERSONS OTHER THAN SMALL

# BUSINESS~ USINESSES , OR LOCAL GOVERNMENTAL ENTITI 

### s'. T ere are no changes that result in any costs or savin to pe · ans other than small businesses , businesses , or ocal government entities as the changes made are to impro e and

### clari**~** definitions of terms used throughout the rule and to add la guage to clarify rule requirements. COMPL.: ANCE COSTS FOR AFFECTED PERSO S: The changes made to this rule are to clarify intent add new definitions and clarify existing definitions of erms used throughout the rule

. There are no comr:ihance costs associated ith this change in proposed rule

. COMMENTS · BY THE DEPARTMENT H AD ON THE FISCAL IMPA**~** 

### THE RULE MAY HAVE 

### 0 BUSINESSES : The changes made to this rule are to clarify intent, add new definitions , and clarify existing definitiop{s of terms used throughout the ru . The changes made ttere should have no fiscal impact on bu inesses

. 

# j
THE FULL TEXT OF THIS RULE MAY BE INSPECTED DURING REGULAR 8,USINESS HOURS ,AT: , ENVIRONME\JTAL QUALITY AIR QUALITY QOM FOURTH FLOOR 195 N 1950 W SALT LAKE CITI. UT 841 16-3085 or at the Division f Ad r:A inistrative Rules

. DIRECT QUESTIONS R · ARDING THIS RULE TO: • Mark Berger by phone at 01-536-4000 , by FAX at 801- 536-0085 , or by Internet E- a1 at mberger@utah

.gov THIS RULE MAY SECOM, EFF CTIVE ON : 08/01/2013 AUTHORIZED BY: Bryle Bird , Di 

# I
R307. 

### Environmental uality, Air Quah

. R307-357. Consume Products. R307-357-1. Purpo e. The purp se of this rule is to compound (VOC) missions from consumer 

### R307-357-2. A plicability. R307 357 applies to any person who s for sale, dis ·butes for sale, or manufactures r sale consumer products on r after the effective date in Table I**[ftfttl~leetitleEI** JIB< in Box Ider, Cache, Davis, Salt Lake, Tooele, counties

. 

### -3. Definitions

. The following additional definitions apply to "Adhesive" means any product that is used to bond one e to another by attachment. ( I) Adhesive does not include products used on umans an animals, adhesive tape, contact paper, wallpaper, shelfIi ers, or a y other product with an adhesive incorporated onto or in a

bstrate.

213DAR File No. 37275
imum recommendation for thinning, 

### as applied, displayed s ofVOC per liter ofproduct.



### air pollution, adhesives, sealants, primers Date Enactment orLast Substantive Amen

. dment: 2013 Autho · ing, and Implemented or Interpreted Law: 19-2-1 (a) 

# onmental Quality, Air Qua ty 

# R307-357

CHANGE IN PROPOSE 

### AR FILE NO .: 37276

ILED : 06/06/2013

ULE ANALYSIS PURPOSE OF TH RULE OR R SON FOR THE CHANGE: After eval ting comments received during the 30-day public comment eriod and th ough continued work with stakeholders , Divis n of Air uality staff identified several areas of the ru that n i eded clarification and improvement. Specifically aff iden 1ed the need to add and amend several of the definiti s in e rule

. SUMMARY OF THE RULE CHANGE : Definitions for
"fabric refresher" and "graffiti re over" were added wh ile the definitions for "general purpose greaser, " "lubricant," "multipurpose solvent,""paint thinne , ' a d "sanitizer," are amended to add greater clarity as to hich consumer products were requ ired to meet the V C
-con nt limits in Table 1

. Additionally, clarifying an technic I changes are made throughout the rule

. (DA NOTE : T is change in proposed rule has been filed to ma e additional anges to a proposed new rule that was pub!' hed in the Ma h 1 , 2013 , issue of the Utah State Bulletin on page 12

. U erlin ing in the rule below indicates te that has been dded since the publ ication of the pr osed rule mentione above ; strike-out indicates text that as been deleted. Yo must view the change in propose rule and the proposed n w rule together to understand all of the changes that will e enforceable should the agen make th is rule effective

.) CONSTITUTIONAL AUTHOR! ection 19-2-101 ANTICIPAT D COST OR SAVINGS TO : • THE**S~** 

### E BUDGET: There are no new requirem nts for the state i this rule ; therefore , there are no costs or sa ings

. 

### + LOCA GOVERNMENTS : There are no new require ents to local overnment that result in add itional costs or savi s. 

### + SM L BUSINESSES : There are no changes that resu in any sts or savings to small businesses as the chan s 

# m rad are to improve and clarify definitions of terms us thr ghout the rule and to add language to clarify rul re uirements

. 

### UTAH ST ATE BU LLET I N, July 0 1, 20 13, Vol. 20 13, No
. 13 NOTICES OF CHANGES IN PROPOSED RULES



### + PERSONS OTHER THAN SMALL BUSINES BU INESSES , OR LOCAL GOVERNMENTAL ENTI ES : Ther are no changes that result in any costs or sav· gs to person other than small businesses , businesses , r local govern nt entities as the changes made are to im rove and clarify de itions of terms used throughout the le and to add langua to clarify rule requ irements

. COSTS FOR AFFECTED P RSONS : The changes made this rule are to clarify intent, add new defin itions , and arify existing defin itio s of terms used throughout the ru . There are n compliance costs associated with th is c ange in propose rule

.

DIRECT Q 

### STIONS REGARDING THIS ULE TO: 

### + Mark Ber er by phone at 801-536-4000 , by F 536-0085 , r by Internet E-mail at mberger@utah

.go

R307. 

### Environmental Quality, Air Quality. R307-357. Consumer Products. R307-357-1. Purpose. The purpose of this rule is to reduce volatile organic compound (VOC) emissions from consumer products
. 

### R307-357-2. Applicability. R307-357 applies to any person who sells, supplies, offers for sale, distributes for sale, or ma nufactures for sale consumer products on or after the effective date in Table I 

### [t mtl is leeatea]fur.**~** in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and W eber counties

. 

### R307-357-3

. Definitions

. The following additional definitions apply to R307

-357 : "Adhesive" means any product that is used to bond one surface to another by attachment. ( I ) Adhesive does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an i nert substrate
.
2 13NOTICES OF CHANGES IN PROPOSED RULES (2) For contact adhesive, construction, panel, and floor covering adhesive and general purpose adhesive only, adhesive also does not include units of product, less packaging, which consist of more than one gallon. This limitation does not apply to aerosol adhesives."Adhesive remover" means a product designed exclusively for the removal of adhesives, caulk and other bonding materials from either a specific substrate or a variety ofsubstrates

. "Aerosol adhesive" means an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. "Aerosol cooking spray" means any aerosol product designed to reduce sticking on cooking and baking surfaces and is applied on cooking surfaces, baking surfaces, or food. "Aerosol Product" means a pressurized spray system that dispenses product ingredients by means of a propellant or mechanically induced force but does not include pump sprays. "Agricultural use" means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage or processing ofany animal or plant crop. 

### (1) Agricultural use does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (a) Home use; (b) Use in structural pest control ; (c) Industrial ; or (d) Institutional use. (2) For the purposes ofthis definition only: (a) "Home use" means use in a household or its immediate environment. (b) "Structural pest control" means a use requmng a license under state or federal pesticide licensing requirements. (c) "Industrial use" means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites. (d) "Institutional use" means use wid1in the lines ot; or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes. "Air freshener" means any product, including, but not limited to, sprays, wicks , wipes, diffusers, powders, and crystals , designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. (I) Air freshener does not include products that are used on the human body, products that function primarily as cleaning products as indicated on the product label, or odor remover /eliminator products.

"All other carbon containing compounds" means all other compounds which contain at least one carbon atom and are not a VOC defined compound or a LVP-VOC. "All other forms" means all consumer product forms for which no form specific 

## voe standard is specified, and unless specified od1erwise by the applicable 

## voe standard, all other forms include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes)

. "Antimicrobial hand or body cleaner or soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skin dirough germicidal activity

.
214 DAR File No. 37276
( 1) Antimicrobial hand or body cleaner or soap includes, but is not limited to : (a) Antimicrobial hand or body washes and cleaners; (b) Foodhandler hand washes; (c) Heald1care personnel hand washes ; (d) Pre-operative skin preparations ; and (e) Sw-gical scrubs. (2) Antimicrobial hand or body cleaner or soap does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol. "Antiperspirant" means any product including, but not limited to, aerosols, roll-ons. sticks, pumps, pads, creams, and squeeze bottles, that is intended by the manufacturer to be used to reduce perspiration in die human axilla by at least 20 percent in al least 50 percent ofa target population. "Anti-static product" means a product that is labeled to eliminate, prevent, or inhibit die accumulation ofstatic electricity

. "Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs

. "ASTM" means the American Society for Testing and Materials

."Astringent/toner" means any product not regulated as a drug by d1e United States Food and Drug Administration (FDA) which is applied to the skin for the purpose ofcleaning or tightening pores. (I) This category also includes clarifiers and substrate

impregnated products. (2) This category does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant. "Automotive hard paste wax" means an automotive wax or polish that is: (I) Designed to protect and improve the appearance of automotive paint surfaces; (2) A solid at room temperature ; and (3) Contains 0% water by formulation

. "Automotive instant detailer" means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped offprior to the product being allowed to dry

. "Automotive rubbing or polishing compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks," and other defects from the painted surfaces of motor vehicles without leaving a protective barrier. "Automotive wax, polish, sealant or glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces

. 

### ( 1) Automotive wax, polish, sealant or glaze includes, but is not limited to, products designed for use in autobody repair shops, drive-through car washes and products designed for the general public

. (2) Automotive wax, polish, sealant or glaze does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic

.


### UTAHSTATE BULLETIN , July 0 1, 20 13, Vol. 2013 , No. 13DAR File No
. 37276
"Automotive windshield washer fluid" means any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield but does not include fluids placed by die manufacturer in a new vehicle

. "Bait station insecticide" means containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 

### 5% active ingredients

. "Bathroom and tile cleaner" means a product designed to clean tile or surfaces in bathrooms but does not include products specifically designed to clean toilet bowls or toilet tanks. "Brake cleaner" means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms. "Bug and tar remover" means a product designed to remove either or both of the following from painted motor vehicle surfaces widlout causing damage to die finish: 

### ( 1) Biological-type residues such as insect carcasses and tree sap: and (2) Road grime, such as road 

### tar, roadway paint markings, and asphalt. "CARB" means die California Air Resources Board. "Carburetor or fuel-injection air intake cleaners" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor , choke, dlrottle body of a fuelinjection system, or associated linkages but does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into die carburetor or fuel injectors

. "Carpet and upholstery cleaner" means a cleaning product designed for die purpose of eliminating dirt and stains on rugs, carpeting, the interior of motor vehicles, household furniture, or objects upholstered or covered widl fabrics such as wool, cotton, nylon or oilier syndletic fabrics

. 

### ( 1) Carpet and upholstery cleaner includes, but is not limited to, products dlat make fabric protectant claims

. (2) Carpet and upholstery cleaner does not include general purpose cleaners, spot removers, vinyl or leadler cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. "Charcoal lighter material" means any combustible material designed to be applied on, incorporated in, added to, or used widl charcoal to enhance ignition

.

"Colorant" means any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient. "Construction, panel, and floor covering adhesive" means any one component adhesive dial is designed exclusively for die installation, remodeling, maintenance, or repair of: (I) Structural and building components dlat include, but are not limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, etc
.), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or



### UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013 , No
. 13 NOTICES OF CHANGES IN PROPOSED RULES (2) Floor or wall coverings dlat include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and od1er types oftiles, and artificial grass . (3) Construction, panel, and floor covering adhesive does not include floor seam sealer. "Consumer" means any person who purchases, or acquires any consumer product for personal, family, household, or institutional use, and persons acquiring a consumer product for resale are not consumers for dlat product. "Consumer product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes ; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers ; aerosol paints; and automotive specialty products but does not include oilier paint products, furniture coatings, or architectural coatings. "Contact adhesive" means a non-aerosol adhesive dlat: (I) ls designed for application to bod1 surfaces to be bonded togedler; (2) Is allowed to dry before die two surfaces are placed in contact widl each oilier; (3) Forms an immediate bond dlat is impossible, or difficult, to reposition after bodl adhesive-coated surfaces are placed in contact widl each oilier; and (4) Does not need sustained pressure or clamping of surfaces after die adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between bodl surfaces. (5) Contact adhesive does not include rubber cements dlat are primarily intended for use on paper substrates. (6) Contact adhesive does not include vulcanizing fluids that are designed and labeled for tire repair only. "Container /packaging" means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store die chemically formulated substance or mixture of substances which is solely responsible for accomplishing die purposes for which die product was designed or intended and includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached. "Crawling bug insecticide" means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders but does not include products designed to be used exclusively on humans or animals, or any house dust mite product. ( 1) For the purposes ofdiis definition only: (a) "House dust mite product" means a product whose label, packaging, or accompanying literature states dial die product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or oilier household crawling arthropods. 

### (b) "House dust mite" means mites which feed primarily on skin cells shed in die home by humans and pets and which belong to die phylum Arthropoda, the subphylum Chelicerata, die class Arachnida, die subclass Acari, die order Astigmata, and die family Pyroglyphidae.

215NOTICES OF CHANGES IN PROPOSED RULES
"Date

-Code" means the day, month and year on which the consumer product was manufactured, filled, or packaged, or a code indicating such a date

. "Deodorant" means any product including, but not.limited to, aerosols, roll

-ons, sticks, pumps, pads, crean1s, and squeeze bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth ofbacteria which cause the decomposition ofperspiration. "Device" means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other forn1 ofplant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living aninials) but does not include equipment used for the application of pesticides when sold separately therefrom

. "Disinfectant" means any product that is ·labeled as a disinfectant or is labeled as a product that destroys or irreversibly inactivates infectious or other undesirable bacteria, pathogenic fungi , or viruses on surfaces or inanimate objects and whose label is registered as a disinfectant under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). ( 1) Products that are labeled as both a "sanitizer" and a "disinfectant" are considered disinfectants

. (2) Disinfectant does not include any ofthe following: (a) Products labeled as solely for use on human or animals ; (b) Products labeled as solely for agricultural use ; (c) Products labeled as solely for use in swiniming pools, therapeutic tubs, or hot tubs ; (d) Products that are labeled to be used on heat sensitive critical or semi

-critical medical devices or medical equipment surfaces; (e) Products that are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments; (f) Products that are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food ; or (g) Products labeled as bathroom and tile cleaners, glass cleaners, general purpose cleaners, metal polishes, carpet cleaners or fabric refreshers that may also make disinfecting or antimicrobial claims on the label. "Distributor" means any person to whom a consumer product is sold or supplied for the purposes ofresale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. "Double phase aerosol air freshener" means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion. "Dry cleaning fluid" means any non-aqueous liquid product designed and labeled exclusively for use on fabrics which are labeled for dry clean only, such as clothing or drapery or scoded fabrics. 

### ( 1) Dry cleaning fluid includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place

.

216 DAR File No
. 37276 (2) Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner

. "Dual purpose air freshener/disinfectant" means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener or is so represented on any sticker, label, packaging, or literature attached to the product container

."Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating but does not include products which consist entirely of compressed gases for use in electronic or other specialty areas . "Electrical cleaner" means a product labeled as a product that removes heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, re.

lays, electric panels, or generators. ( 1) Electrical cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner , pressurized gas duster, engine degreaser, anti-static product, or products designed to clean the casings or housings ofelectrical equipment. "Electronic cleaner" means a product labeled as a product that removes dirt, moisture, dust, flux or oxide from the internal components of electronic or labeled as precision equipment such as circuit boards and the internal components of electronic devices, including, but not limited to, radios, compact disc players, digital video disc players, and computers. "Engine degreaser" means a cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces ofengines and other mechanical parts. "Fabric protectant" means a product labeled as a product to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers but does not include waterproofers or products labeled for use solely on leather. (1) Fabric protectant does not include pigmented products that are designed to be used primarily for coloring, products used for construction, reconstruction, modification, structural maintenance or repair offabric substrates, or products that renew or restore fabric and qualifying as either clear coating or vinyl, fabric, leather, or polycarbonate coatings. "Fabric refresher" means a product labeled to neutralize or eliminate odors on non-laundered fabric. including. but not limited to, soft household surfaces. rugs. cameting. draperies. bedding. automotive interiors footwear athletic equipment. clothing or on household furniture or objects upholstered or covered with fabrics such as wool. cotton. or nylon

. Fabric refresher does not include anti

-static products. carpet and upholstery cleaners. footwear or leather care products. spot removers. disinfectants. or products labeled for application to both fabric and human skin

. "Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face. ( 1) Facial cleaner or soap includes, but is not limited to, facial cleansing creams, gels, liquids, lotions, and substrateimpregnated fonns. (2) Facial cleaner or soap does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, general

-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.



### UTAHSTATE BU LLETIN , July 01 , 2013 , Vol. 2013 , No
. 13DAR File No
. 37276
"Flea and tick insecticide" means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs but does not include products that are designed to be used exclusively on humans or animals and their bedding. "Flexible flooring material" means asphalt, cork, linoleum, no wax, rubber, seamless vinyl and vinyl composite flooring

. "Floor polish or wax" means a product designed or labeled as a product to polish, wax, condition, protect, temporarily seal or otherwise enhance floor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished. ( 1) Floor polish or wax does not include spray buff products, floor wax strippers, products designed or labeled for unfinished wood floors , or coatings subject to architectural coatings regulations

. (2) Floor polish or wax is divided into three categories: products for resilient flooring materials, products for nonresilient flooring materials, and wood floor wax. For the purposes of this section: (a) "Resilient flooring material" means flexible flooring material , including but not limited to, asphalt, cork, linoleum, nowax, rubber, seamless vinyl, and vinyl composite flooring

. (b) "Nonresilient flooring material" means flooring of a mineral content that is not flexible, including, but not limited to, terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete
. (c) "Wood floor wax" means wax-based products for use solely on wood floors

. "Floor seam sealer" means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls ofinstalled flexible sheet flooring. "Floor wax stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax but does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion

. "Flying bug insecticide" means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats
. (I) Flying bug insecticide does not include wasp and hornet insecticide, products that are designed to be used exclusively on humans or animals, or any moth-proofing product. (2) For the purposes of this definition only, "mothproofing product" means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods

. "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of two millimeters of mercury (mm Hg) at 20 degrees Celcius, the sole purpose of which is to impart an odor or scent or to counteract a malodor. "Furniture maintenance product" means a wax, polish, conditioner , or any other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors but does not include dusting aids, products designed



### UTAH ST ATE BULLETI N, July 01 , 2013 , Vol. 20 13, No
. 13 NOTICES OF CHANGES IN PROPOSED RULES solely for the purpose ofcleaning, and products designed to leave a permanent finish such as stains, sanding sealers and lacquers. "Furniture coating" means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas. "Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such asjelly. "General purpose adhesive" means any non-aerosol adhesive designed for use on a variety ofsubstrates

. ( 1) General purpose adhesive does not include ; (a) Contact adhesives; (b) Construction, panel, and floor covering adhesives; (c) Adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls) ; or (d) Adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specifie function, such as gaskets, automotive trim, weather-stripping, or carpets). "General Purpose Cleaner" means a product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specifie substrates in certain situations and includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and electronic cleaners

. "General purpose degreaser" means any product labeled as a product that removes or dissolves grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts
. 

### ( 1) General purpose degreaser does not include engine degreaser, general purpose cleaner , adhesive remover, electronic cleaner, electrical cleaner, metal polish/cleanser , oven or grill cleaner, products used exclusively in solvent cleaning tanks or related equipment, or products that are: (a) [&61t!--e].Exclusively sold directly or through distributors to establishments d1at manufacture or construct goods or commodities ; and (b) Labeled [ttet-]for [ret11il s11le]use in die manufacturing process only

. (2) Solvent cleaning tanks or related equipment includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container

. "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on die skin to clean or remove typical or common dirt and soils. 

### (1) General-use hand or body cleaner or soap includes, but is not limited to, hand or body washes, dual-purpose shampoobody cleaners, shower or bath gels, and moisturizing cleaners or soaps. (2) General-use hand or body cleaner or soap does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

217

### NOTICES OF CHANGES IN PROPOSED RULES
"Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made of glass but does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines. "Graffiti remover" means a product labeled to remove spray paint. ink. marker. crayon. lipstick. nail polish. or shoe polish from a variety ofnon-cloth or non-fabric substrates

. (]) Graffiti remover does not include paint remover or stripper. nail polish remover. or spot remover. (2) 

### Products labeled for dual use as both a paint stripper and graffiti remover are considered graffiti removers . "Hair mousse" means a hairstyling foam designed to facilitate styling ofa coiffure and provide limited holding power. "Hair shine" means any product designed for the primary purpose ofcreating a shine when applied to the hair. (I) Hair shine includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. (2) Hair shine does not include hair spray, hair mousse, hair styling gel or spray gel , or products whose primary purpose is to condition or hold the hair. "Hair styling gel" means a high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting ofthe hair coiffure

. "Hair spray" means a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period oftime. "Hair Styling Product" means a consumer product manufactured on or after January I, 2009, that is designed or labeled as a product for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling or sculpting ofthe hair. (I) Hair styling product includes, but is not limited to, hair balm, clay, cream, curl straightener , gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers or conditioners that make styling claims. (2) Hair styling product does not include hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the hair prior to styling

. "Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water but does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol. "Herbicide" means a pesticide product designed to kill or retard a plant's growth, but excludes products that are: ( 1) 

### For agricultural use ; or (2) Restricted materials that require a pe1mit for use and possession. "High volatility organic compound (HVOC)" means any volatile organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20 degrees Celsius.

218 DAR File No
. 37276
"Household product" means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings

. "Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are: (I) For agricultural use; (2) For a use which requires a structural pest control license under applicable state or federal laws or regulations ; or (3) Restricted materials that require a permit for use and possession

. "Insecticide fogger" means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application

. "Institutional product" or "Industrial and institutional (l&I) product" means a consumer product that is designed for use in the maintenance or operation ofan establishment that manufactures, transports, or sells goods or commodities, or provides services for profit or is engaged in the nonprofit promotion of a particular public, educational, or charitable cause. ( 1) 

### Establishments include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies

. (2) Institutional product does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site ofthe establishment. "Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package

. "Laundry prewash" means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance

. "Laundry starch product" means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing ofthe fabric and includes, but is not limited to, fabric finish , sizing, and starch

. "Lawn and garden insecticide" means an insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods

. "Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D 4359

- 90 but does not include powders or other materials that are composed entirely ofsolid particles. "Lubricant" means a product designed to reduce friction , heat, noise, or wear between moving parts or to loosen rusted or immovable parts or mechanisms. (I) Lubricant does not include automotive power steering fluids ; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes ; two cycle oils or other products designed to be added to fuels ; products for use on the human body or animals ; or products that are:


### UTAH STATE BULLETIN , July 01 , 2013 , Vol. 2013 , No
. 13DAR File No
. 37276 (a) [Seld-e]f.xclusively sold directly or through distributors to establishments that manufacture or construct goods or commodities ; and (b) Labeled 

### [ttet) for [retail sele)use in the manufacturing process only

. "LVP content" means the total weight, in pounds, of LVP compounds in a product multiplied by I00 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest 0

. 1

. "LVP-VOC" means a chemical compound or mixture that contains at least one carbon atom and meets one ofthe following : (I) Has a vapor pressure less than 0.1 mm Hg at 20 degrees Celsius, as determined by CARB Method 31 

### O ; (2) Is a chemical compound with more than 12 carbon atoms , or a chemical mixture comprised solely of compounds with more than 12 carbon atoms, and the vapor pressure is unknown ; (3) Is a chemical compound with a boiling point greater than 216 degrees Celsius, as determined by CARB Method 31 

### O ; or (4) Is the weight percent of a chemical mixture that boils above 216 degrees Celsius, as determined by CARB Method 310. (5) For the purposes ofthe definition ofLVP-VOC : (a) "Chemical compound" means a molecule of definite chemical formula and isomeric structure; and (b) "Chemical mixture" means a substrate comprised of two or more chemical compounds. "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product. "Medicated astringent/medicated toner" means any product regulated as a drug by the FDA which is applied to the skin for the purpose ofcleaning or tightening pores. (I) Medicated astringent/medicated toner includes, but is not limited to, clarifiers and substrate-impregnated products

. (2) Medicated astringent/medicated toner does not include hand, face, or body cleaner or soap products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor's prescription. "Medium volatility organic compound (MVOC)" means any volatile organic compound that exerts a vapor pressure greater than two mm Hg and less than or equal to 80 

### mm Hg when measured at 20 degrees Celsius. "Metal polish/cleanser" means any product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action. (I) To improve the appearance means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny

. (2) Metal polish/cleanser includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals

. (3) Metal polish/cleanser does not include automotive wax, polish, sealant or glaze, wheel cleaner, paint remover or stripper, products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks. "Mist spray adhesive" means any aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield



### UT

AHST ATE BU LLETI N, July 01 , 2013 , Vol. 2013, No
. 13 NOTICES OF CHANGES IN PROPOSED RULES

a generally uniform and smooth application of adhesive to the substrate

. "Multi-purpose dry lubricant" means any lubricant that is: (I) Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide ("moly"), or polytetratluoroethylene or closely related tluoropolymer ("tetlon") on surfaces ; and (2) Designed for general purpose lubrication, or for use in a wide variety ofapplications

. "Multi-purpose lubricant" means any lubricant designed for general purpose lubrication or for use in a wide variety of applications but does not include multi-purpose dry lubricants, penetrants, or silicone-based multi-purpose lubricants

. "Multi-purpose solvent" means [filly ergfillie liqttia aesigriea te be 11sea fer e ¥Bl'iety effltlfl'Jeses, iAelttaiAg elefi!liAg er aegreesiAg ef 8 ¥81 iet)' ef StlBStl etes, er thiAfliAg, SiSfJerSiHg er aissel riflg ether erg!lflie fl18leriels

. (I) Mttlti flttrflese seheAt iAel11aes sel.eAts ttsea ill iAstittttieAel feeilities, exeeflt ftlr leberete., reegeAts ttsea ill 8fl81ytieel, eatteetieAel, l'eSeereh, SeieAtifie er eE!ier leeereteries. (2) Mttlti fltlffJese seh·eAt aees Aet iAelttae sel •'eAts 11sea in eela elefillers, •Bfler aegreesers, eel!,e)**eri~ea** aegieesers er film eleeHiAg meehiAes, er se1¥eHts Eket B!'e iAee.,,eretea iAte, er ttsea exelttsi,el) ill the Al!lflttfeet!ll'e er eeAstt ttetieA ef, the geeas er een1A1eaities et the site ef the esteblislrn1eAt.]any liquid product designed or labeled to be used for dispersing. dissolving. or removing contaminants or other organic materials, ()) Multi-purpose solvent includes: (a) Products that do not display specifie use instructions on the product container or packaging· Cb) Products that do not specity an end-use function or application on d1e product container or packaging: (c) Solvents used in institutional facilities. except for laboratory reagents used in analytical. educational. research. scientific or other laboratories · (d) Paint clean-up products · and (e) Products labeled to prepare surfaces for painting

. (2) Multi-purpose solvent does not include any product making any representation that the product may be used as. or is suitable for use as a consumer product that meets another definition in R307-357-3- such products are subject to the most restrictive limit provisions in R307-357-10(4) and R307-357-J0(5) "Nail polish" means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats. "Nail polish remover" means a product designed to remove nail polish and coatings from fingernails or toenails. "Non aerosol product" means any consumer product that is not dispensed by a pressurized spray system
. "Non carbon containing compound" means any compound which does not contain any carbon atoms
. "Non-selective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species

. "Oven or grill cleaner" means a product labeled exclusively as a product to remove baked on grease or deposits from food preparation or cooking surfaces

. "Paint" means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is

219NOTICES OF CHANGES IN PROPOSED RULES
used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics

. "Paint remover or stripper" means any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate but does not include "Multi

-purpose Solvents" , paint brush cleaners, products designed and labeled exclusively to remove graffiti, and hand cleaner products that claim to remove paints and other related coatings from skin. "Paint thinner" means [e liqttia t:hel is eaaea le peir'lt le ftutlce it less thielc er le reftrn¥e peinl frem ttH epplieeter.]anv liquid product used for reducing the viscosity of coating compositions or components or that prominently displays the term paint thinner. lacquer thinner. thinner. or reducer on the front panel of its packaging

. fl) Paint thinner does not include any of the following. products : (a) Artist's solvent/thinner: (bl Products that are sold in containers with a capacity of five gallons or more and labeled exclusively for the thinning of · industrial maintenance coatings. zinc-rich primers. or high temperature coatings: (c) Products labeled and used exclusively as an ingredient in a specific coating or coating brand line whereby the coating would not be complete or useable without the specific ingredient· (d) Products that meet both ofthe following criteria: (i) The principle display panel of the product displays_ states that the product is used exclusively for the thinning of industrial maintenance coatings. zinc

-rich primers. or high temperature coatings: and (ii) No representation is made anywhere on the product container or packaging or anv label or sticker attached thereto that the product is suitable for use or may be used for any other purpose except the thinning of industrial maintenance coatings zinc

-rich primers. or high temperature coatings. "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes but does not include "Multipurpose Lubricants" that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts
. "Pesticide" means and includes any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term "pesticide" will not include any substance, mixture ofsubstances, or device which the United States Environmental Protection Agency does not consider to be a pesticide. "Principal display panel or panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase

. Whenever a principal display panel appears more than once, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels." "Product category" means the applicable category which best describes the product as listed in Table 1. "Propellant"

220 DAR File No. 37276

means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container

. "Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator
. "Restricted materials" means pesticides established as restricted materials under applicable state or federal laws or regulations

. "Roll on product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area. "Rubber/vinyl protectant" means any product labeled as a product that protects, preserves or renews vinyl or rubber on vehicles, tires, luggage, furniture, or household products such as vinyl covers, clothing, or accessories. Rubber /vinyl protectant does not include products labeled to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire

. "Sanitizer" means a product that is labeled as a sanitizer or labeled as a product to reduce, but not necessary eliminate, microorganisms in the air, on surfaces, or on inanimate objects and whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA ; 7 U.S.C. section 136 et seq.) 

### (ll Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants

. (2) Sanitizers do not include: (a) Disinfectants: fbl Products labeled solely for use on humans or animals: (c) Products labeled solely for agricultural use : (dl Products labeled solely for use in swimming pools. therapeutic tubs, or hot tubs: (e) products that are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces: 

### ID Pre-moistened wipes or towelettes sold exclusively lo medical. convalescent or veterinary establishments: (g) Products that are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food: QI (hl Bathroom and tile cleaners. glass cleaners. general_ purpose cleaners. metal polishers or fabric refreshers that may also make sanitizing or anti

-microbial claims on the label. "Rubbing alcohol" means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage. "Sealant and caulking compound" means any product with adhesive properties that is designed to fill, seal, waterproof , or weatherproofgaps orjoints between two surfaces. (I) Sealant and caulking compound does not include roof cements and roof sealants; insulating foams; removable caulking compounds ; clear /paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses ; or sealers that are applied as continuous coatings

.


### UTAHST ATE BULLET I N, July 01 , 2013 , Vol. 2013, No
. 13DAR File No. 37276 (2) Sealant and caulking compound also does not include units ofproduct, less packaging, which weigh more than one pound and consist ofmore than 16 fluid ounces. (3) For the purposes ofthis definition only: (a) "Removable caulking compounds" means a compound which temporarily seals windows or doors for three to six month time intervals; and (b) "Clear /paintable/water resistant caulking compounds" means a compound which contains no appreciable level of opaque fillers or pigments ; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application

. "Semisolid" means a product that, at room temperature, will not pour, but will spread or deform easily, including gels, pastes, and greases. "Shaving cream" means an aerosol product which dispenses a foam lather intended to be used with a blade, cartridge razor, or other wet shaving system in the removal of facial or other bodily hair

. "Shaving Gel" means an aerosol product that dispenses a postfoaming semisolid designed to be used with a blade, cartridge razor, or other shaving system in the removal offacial or other bodily hair

. "Silicone-based multi-purpose lubricant" means any lubricant which is: (I) Designed and labeled to provide lubricity primarily through the use ofsilicone compounds including, but not limited to, polydimethylsiloxane; and (2) Designed and labeled for general purpose lubrication, or for use in a wide variety ofapplications. (3) Silicone-based multi-purpose lubricant does not include products designed and labeled exclusively to release manufactured products from molds. "Single phase aerosol air freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use. "Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable ofvisually detectable flow as determined under ASTM D-4359-90

. "Special purpose spray adhesive" means an aerosol adhesive that meets any ofthe following definitions: (I) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper , board, cloth, etc.) without causing discoloration to the artwork

. (2) "Flexible vinyl adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates. (a) "Flexible vinyl" means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, ofplasticizer content. (b) "Plasticizer" means a material such as a high boiling point organic solvent that is incorporated into a plastic to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E260-9l or from product formulation data

. (3) "Polystyrene foam adhesive" means an aerosol adhesive designed to bond polystyrene foam to substrates. (4) "Automobile headliner adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners

.


### UTAH STATE BULLETIN, July 01 , 2013 , Vol. 2013 , No
. 13 NOTICES OF CHANGES IN PROPOSED RULES (5) "Polyolefin adhesive" means an aerosol adhesive designed to bond polyolefins to substrates. (6) "Laminate repair /edgebanding adhesive" means an aerosol adhesive designed for: (a) The touch-up or repair of items laminated with high pressure laminates (e.g., lifted edges, delaminates, etc
.); or (b) The touch-up, repair, or attachment of edgebonding materials, including but not limited to, other laminates, synthetic marble, veneers, wood molding, and decorative metals

. (c) For the purposes of this definition, "high pressure laminate" means sheet materials that consist of paper , fabric , or other core material that have been laminated at temperatures exceeding 265 degrees Fahrenheit, and at pressures between 1,000 and 1,400 psi. (7) "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200 to 275 degrees Fahrenheit. "Spot remover" means any product designed to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal but does not include dry cleaning fluid, laundry prewash, carpet and upholstery cleaner, or multi-purpose solvent. "Spray buffproduct" means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad

. "Stick product" means any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area. "Structural waterproof adhesive" means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181 (Type 1, Grade A), and MIL-A-4605 (Type A, Grade A and Grade C). This definition is as per the Federal Consumer Products Regulation 40 CFR 59 Subpart C

. "Terrestrial" means to live on or grow from land. "Temporary hair color" means any product that applies color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed. "Tire sealant and inflation" means any pressurized product that is designed to temporarily inflate and seal a leaking tire

. "Type A propellant" means a compressed gas such as CO,, N2,**N~O,** or compressed air which is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging. "Type B propellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs). "Type C propellant" means any propellant which is not a Type A or Type B propellant, including propane, isobutane, n butane, and dimethyl ether (also known as dimethyl oxide). "Undercoating" means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior , or firewall of motor vehicles to prevent the formation of

221NOTICES OF CHANGES TN PROPOSED RULES

rust or to deaden sound and includes, but is not limited to, rubberized, mastic, or asphaltic products. "VOC content" means the total weight of VOC in a product expressed as a percentage of the product weight (exclusive ofthe container or packaging)

. "Wasp and hornet insecticide" means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place

. "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. "Waterproofer" does not include "Fabric Protectants"

. "Wax" means a material or synthetic thennoplastic substance generally ofhigh molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics) and i

. ncludes, but is not limited to, substances derived from the secretions ofplants and animals such as camuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene

. "Web spray adhesive" means any aerosol adhesive which is not a mist spray or special purpose spray adhesive

. "Wood cleaner" means a product labeled to clean wooden materials, including but not limited to, decking, fences, flooring, logs, cabinetry, and furniture. "Wood floor wax" means wax based products for use solely on wood floors. 

### 07-357-4. Standards. (I) Except as provided in R307-357-6, 7
. 8 and 9, o shall sell, supply, offer for sale, or manufacture for sal any cons er product manufactured on or after the eftective ate in Table I at contains VOCs in excess ofthe limits specifie m Table I.

CATEGORY

Adhesive Removers: Floor and wa 11 covering Gasket or thread locking General purpose Specialty Adhes i ves : Aerosol

222 TABLE 1

65 55 Air Fresheners:

Ooubl e-phase aerosols Dual-purpose air freshener/ disinfectant aerosol Liquids/ pump sprays Sol i ds / semisolids Antiperspirants: Aerosol
Non-aerosol

Non-aerosol Aeroso 1

Aerosol s [ All eH1e• feF111s 5 ] Non-aeroso1s 1 DAR File No
. 37276



### UT

AHSTATE BU LLETIN , July 01 , 2013 , Vol. 2013 , No. 13DAR File No
. 37276

Aerosols Non-aerosols (dilutables) Non-aeros ol s (ready-to-use) Cooking spray aeros o1s Disinfectant : Aerosol non-aerosol Deodorants: Aerosol
Non-aerosol Dusting Aids : Aerosols A 11 other forms JO 40 JO

JB

70

0 HVOC JO MVOC 0 HVOC 0 MVOC

25

Electrical cleaner 45 Electronic cleaner 75 Engine Degreasers : Aerosol Non-aeroso 1 Fabric protectants Fabric refresher: Aerosol Non-aerosol Floor Pol i shes or W axes: Res i1 ient floori ng materi als Non resi 1i ent materials Wood fl oar wax JO

60

15

90

75 55 

### T AHSTATE BULLETI N

, July 01 , 2013, Vol. 2013, No. 13 NOTICES OF CHANGES IN PROPOSED RULES

Other forms Furniture Maintenance Products: Aerosols Non-aerosol (except sol id or paste) Genera 1 Purpose Cleaners : Aeroso1 s Non-aerosols General Purpose Degreasers: Aerosols Non-aerosols Glass Cleaners: Aeroso 1 s

Heavy-duty hand cleaners or soaps Insecticides: Crawling bug (aerosol) Crawling bug (all other forms) Fl ea and ti ck Flying bug (aerosol) Flying bug (all other forms) Foggers Lawn and garden (all other forms) J5

J7

8

J2

50 30

55 55

8

20
25 25
35
45 20NOTICES OF CHANGES IN PROPOSED RULES

40

22 Al 1 other fonns Laundry starch products Metal polishes/ cleansers Multi -Purpose 1ubri cants 50 (excluding solid or semi-solid products) Multi-purpose Solvent Nail Polish Removers Non-sel ective terrest ri a 1 herbicides, non-aerosols Oven or Gri 11 Cleaners: Aerosols/pump sprays 8 [bi**~"i** SS -] Non-aerosols Paint remover or 50 strippers Paint Thinner JQ**[~]** Penetrants 50 Rubber [am!] Q! Vinyl Protectants : Aerosols Non-aerosols Sanitizer: Aerosol 70 Non-aerosols Sea 1 ants and caulking compounds Shaving creams Shaving gel Si 1icone-based multi25 8

224 Temporary hair col or aerosol Tire sealants and i nfl ators Toi 1et/uri na 1 care: Aerosols Non-aerosol 55
20

10
Undercoatings, aerosols 40 Wood Cleaner: Aerosol 17 Non-Aeros o1 DAR File No. 37276

(2) For con mer products for which the label, packaging, or accompa ing literature specifically states that the product should be dil ed with water or non-VOC solvent prior to use, the limits spec · 1ed in Table I shall apply to the product only after the minim recommended dilution has taken place

. For purposes of s subsection, "minimum recommended dilution" shall not i lude recommendations for incidental use of a product to deal with limited special applications such remove soils or stains

. (3) For consumer products for which the label, pac ging, or accompanying literature states that the product should b Cliluted with any 

## voe solvent prior to use, the limits specified in

able I shall apply to the product only after the maximum recommended dilution has taken place

. (4) Effective September 

### I , 2016, no person shall sell, ply, offer for sale, or manufacture for use any aerosol adhesive, ad sive removers, and graffiti removers that contain methylene chlor e, perchloroethylene, or trichloroethylene. Sell-through products of aerosol adhesive, adhesive removers, nd graffiti removers that contain methylene chloride, perchloroe lene, or trichloroethylene and were manufactured before [ ]September 

### L 2016, may be sold. supplied, or offered for sale long as the product container or package displays the date on which e product was manufactured

. (5) No rson shall sell, supply, offer for sale, or manufacture any f1o r wax stripper unless the following requirements are met: (a) The label ofe ch non-aerosol floor wax stripper shall specify a dilution ratio for Ii t or medium build-up of polish that results in an as-used VOC conce tration of3% by weight or less. (b) If a non-aerosol !lo wax stripper is also intended to be used for removal of heavy buil p of polish, the label of that floor wax stripper shall specify a diluti ratio for heavy build-up of polish that results in an as-used 

## voe oncentration of 12% by weight or less. (6) Products containing ozone-dep any consumer product for which standards e specified under R307-357-4, no person shall sell, supply, o r for sale, or manufacture for sale any consumer product that con following ozone-depleting compounds: (a) CFC 11 (trichlorofluoromethane) ; (b) CFC 12 (dichlorodifluoromethane) ; (c) CFC 113 (1,1,1trichloro2,2,2 trifluoroethane);


### UTAHSTATE BULLETI N, July 0 1, 2013 , Vol. 2013 , No. 13DAR File No
. 37276 (d) CFC 114 (I chloro 1,1 difluoro

ane) ;

CFC 115 (chloropentatluoroethane);

alon 1211 (bromochlorodifluorometh n 130 I (bromotritluoromethane · (h) Halo 402 (dibromotetrafluoroe e); (i) HCFC 2 chlorodifluorometh ); 

### U) HCFC 123 ,2 dichloro 1,1 trifluoroethane) ; (k) HCFC 124 (2 loro 1, 1 , tetratluoroethane); (I) HCFC 14lb (1 , 1 " chi o I tluoroethane); (m) HCFC 142b**~I** ch o 1,1 difluoroethane); (n) I, I,I trichloroe ane ; d (o) Carbon tetra oride. (7) The requ· ments ofR307- 7-4(6) shall not apply to any existing produc ormulation that comp! with Table I or any existing product ormulation that is reform ted to meet the standards set · Table I, provided the ozone-dep ting compound content of reformulated product does not increase. 8) The requirements ofR307-357-4(6) shall t apply to any one-depleting compounds that may be present as i unties in consumer product in an amount equal to or less than 0.0

eight ofthe product. R307-357-5

. Charcoal Lighter Material Products. No person shall sell, supply, or offer for sale any charcoal lighter material products unless the product has been issued and conforms to the conditions in a currently effective certification issued by the CARB pursuant to the provisions of 17 CCR 94509(h) as of the effective date of R307-357

. A copy of the CARB certification decision shall be submitted to the director upon request. R307-357-6. Exemptions. (I) R307-357 shall not apply to any consumer product manufactured for shipment and use outside ofthe counties specified in R307-357-2 as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the applicable counties and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the applicable counties

. (2) The medium volatility organic compound (MVOC) content standards specitied in Table I for antiperspirants or deodorants shall not apply to ethanol. (3) The VOC limits specified in Table I shall not apply to fragrances up to a combined level of2% by weight contained in any consumer product and shall not apply to colorants up to a combined level of2% by weight contained in any antiperspirant or deodorant. (4) The requirements in Table I for antiperspirants or deodorants shall not apply to those voes that contain more than ten carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure oftwo mm Hg or less at 20 degrees Celsius

. (5) The VOC limits specified in Table I shall not apply to any LVP-VOC. (6) The requirements of R307-357-l 0 shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S

.C. Section l36/l36y)

.


### UTAH STATE BULLETI N, July 01 , 2013 , Vol. 2013, No. 13 NOTICES OF CHANGES IN PROPOSED RULES (7) The VOC limits specified in Table I shall not apply to air fresheners that are comprised entirely of fragrance, less compounds, not defined as VOCs or exempted under R307-357-6

. (8) The VOC limits specified in Table I shall not apply to air fresheners and insecticides containing at least 98% paradichlorobenzene

. (9) The VOC limits specified in Table l_shall not apply to adhesives [seld-]in containers ofone fluid ounce or less. (10) The VOC limits specified in Table I shall not apply to bait station insecticides. R307-357-7. Innovative Products. (I) Consumer products that have been granted an innovative products exemption by the CARB under provisions of 17 CCR 94511 as of the effective date of R307-357, shall be exempt from the VOC content limits in listed in Table I for the period of time that the innovative product exemption remains in effect. (2) Any manufacturer claiming such an exemption shall submit to the director upon reciuest a copy ofthe CARB exemption decision, including all conditions established by CARB applicable to the exemption before the date that the product is first marketed in the applicable counties

. R307-357-8. Alternate Control Plan (ACP). (I) Any manufacturer of consumer products who has been granted an ACP agreement by the CARB under provisions of 17 CCR 94540-94555[:5] as of the effective date of R307-357 shall be exempt from complying with the voe content limits established in Table I for the period oftime that the ACP agreement remains in effect. (2) Any manufacturer claiming an ACP agreement shall submit upon request to the director a copy of the ACP decision, including all conditions applicable to the exemption before the date that the product is first marketed in the applicable counties

. R307-357-9. Variances. (I) Consumer products that have been granted a variance by the CARB under the provisions of 17 CCR 9451 

## [+H as of the effective date ofthis rule shall be exempt from complying with the VOC content limits established in Table I for the period oftime that the variance remains in effect. (2) Any person claiming a variance shall submit a copy of the variance decision to the director upon reciuest, including all conditions applicable to the variance before the date that the product is first marketed in d1e applicable counties

. R307-357-10. Administrative Requirements. (I) Product Dating. Each manufacturer of a consumer product subject to the standards established in Table I shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date. (a) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of R307-357- l0(3)[fft1) if the code is represented separately from other codes on the product container so that it is easily recognizable : YY DOD = year year day day day where:

225NOTICES OF CHANGES fN PROPOSED RULES
"YY" = two digits representing the year in which the product was manufactured, and "DOD" = three digits representing the day of the year on which the product was manufactw-ed, with "00 I" representing the first day ofthe year, "002" representing the second day ofthe year, and so forth (i.e. the "Julian date")

. (b) The date information shall be located on the container or inside the cover or cap so that it is readily observable or obtainable by simply removing the cap or cover without disassembling any part ofthe container or packaging

. (c) The date information shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable standard specified in Table I

. (d) No person shall erase, alter, deface or otherwise remove or make illegible any date from any regulated product container without the express authorization ofthe manufacturer

. (2) The requirements of this provision shall not apply to products containing no voes or to products containing voes at 0

. 10% by weight or less

. (3) 

### If a manufacturer uses a code indicating the date of manufactw-e, for any consumer product subject to R307-357-4, an explanation of the date portion ofthe code shall be supplied to the director within 30 day ofwritten request. (4) Notwithstanding the definition ofproduct category in R-307-357-3. if anywhere on the container or packaging of any consumer product manufactured on or after the effective date specified in Table 

### I. or one year thereafter for any FIFRA-registered insecticide. or on any sticker or label affixed thereto. any representation is made that the product may be used as. or is suitable for use 

## as a consumer product for which a lower voe limit is specified in R307-357-4 then the lowest VOC limit shall apply

.. This requirement does not apply to general puroose cleaners._ antiperspirant/deodorant products or insecticide foggers

. (5) Notwithstanding the provisions of R307-357-1Of4). a product that makes ancillary disinfecting. sanitizing. or antimicrobial claims on the label is not subject to the voe standards for disinfectant or sanitizer ifthe product is designed and labeled on the principal display panel as a bathroom and tile cleaner, carnet/upholstery cleaner. fabric refresher. general purpose cleaner. glass cleaner. metal polish or cleanser. R307-357-11. Reporting Requirements. (I) Upon 90 days written notice, the director may require any responsible party to report information for any consumer product or products the director may specify including, but not limited to, all or part ofthe following information : (a) The name of the responsible party and the party's address, telephone number, and designated contact person; (b) The product brand name for each consumer product subject to registration and the product label ; (c) The product category to which the consumer product belongs ; (d) The applicable product forms listed separately; (e) 

### An identification of each product brand name and form as a "household product," 

### "1&1 Product," or both; (f) Separate sales applicable counties in pounds per year, to the nearest pound, and the method used to calculate the sales for each product form;

226 DAR File No
. 37276 (g) For registrations submitted by two companies, an identification of the company that is submitting relevant data separate from that submitted by the responsible party; (h) For each product brand name and form , the net percent by weight ofthe total product, less container and packaging, comprised of the following, rounded to the nearest one tenth of a percent: (i) Total non-VOC compounds

. (ii) Total LVP-VOCs that are not fragrances

. (iii) Total all other carbon containing compounds that are not fragrances

. (iv) Total all non-carbon containing compounds

. (v) Total fragrance

. (vi) For products containing greater than two% by weight fragrance : (A) The percent offragrance that are LVP-VOCs; and (B) The percent of fragrance that are all other carbon containing compounds. (vii) Total paradichlorobenzene

. (i) For each product brand name and form , the identity, including the specific chemical name and associated chemical abstract services (CAVES) number, ofthe following: (i) Each non-VOC Compound; and (ii) Each LVP-VOC that is not a fragrance. 

### U) If applicable, the weight percent comprised of propellant for each product; (k) If applicable, an identification of the type of propellant (Type A, Type 

### B, Type C, or a blend of the different types). (2) In addition to the requirements of section R307-357- l 1

(I) , the responsible party shall report or shall arrange to have reported to the director the net percent by weight of each ozonedepleting compound which is: (a) Listed in R307-357-4(6) ; and (b) Contained in a product subject to registration under R307-357-1 I (I) in any amount greater than 0

. I percent by weight. (3) For the purpose of R307-357-l I "product form" means the applicable form which most accurately describes the product's dispensing form 

### as follows : A= Aerosol Product S =Solid P = Pump Spray L= Liquid SS = Semisolid 

### 0 = Other R307-357-12. Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride. ( I) The requirements of R307-357-l 2 shall apply to all responsible parties for consumer products that are subject to the standards established in Table I and contain perchloroethylene or methylene chloride. (a) For the purposes ofthis subsection, a product contains perchloroethylene or methylene chloride if the product contains 1.0% or more by weight (exclusive of the container or packaging) ofeither perchloroethylene or methylene chloride

. (2) For each consumer product that contains perchloroethylene or methylene chloride, upon request from the

UTAH STATE BULLETI N, July 01 , 2013 , Vol. 2013 , No. 13

### DAR File No
. 37276
director, the responsible party shall report the following information for products sold in the applicable counties within 90 days written notice: (a) The product brand name and a copy of the product label with legible usage instructions ; (b) The product category to which the consumer product belongs ; (c) The applicable product forms (listed separately) ; (d) For each product form listed in R307-357-12ill(c), the total sales in the applicable counties during the calendar year, to the nearest pound (exclusive ofthe container or packaging), and the method used for calculating the sales; and (e) The weight percent, to the nearest 0

. 10 percent, of perchloroethylene and methylene chloride in the consumer product. R307-357-13. Test Methods. Testing to detennine compliance with the requirements of this regulation shall be performed using the CARB Method 310, Determination of Volatile Organic Compounds in Consumer Products, which is herein incorporated by reference. R307-357-14. VOC Content Determinations Using Product Formulation and Records. (I) 

### Testing to determine compliance with the requirements of R307-357 may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following criteria: NOTICES OF CHANGES IN PROPOSED RULES (a) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents, and these records must be kept for at least dl!"ee years . (b) For the purposes of R307-357-13, the VOC content shall be calculated according to the following equation: VOC Content= ((B-C)/A) x 

### JOO where, A = total net weight of unit (excluding container and packaging) B =total weight of all VOCs, as defined in Table I, per unit 

# c = total weight of voes exempted under R307-357-6, per unit (c) Ifproduct records appear to demonstrate compliance with the voe limits, but these records are contradicted by product testing performed using CARB Med10d 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this regulation

. R307-357-l 5. Determination ofLiquid or Solid. Testing to determine whether a product is a liquid or solid shall be performed usingASTM D4359- 90 (20[00].ll). KEY: air pollution, consumer products Date ofEnactment orLast Substantive Amendment: 2013 Authorizing, and Implemented orInterpreted Law: 19-2-101



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



### UTAH ST ATE BU LLETI N

, July 01, 2013, Vol. 2013 , No
. 13 227

### 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-Sa and Sb

.

Abbreviations AMO =Amendment CPR = Change in Proposed Rule NEW= New Rule R&R = Repeal & Reenact REP= Repeal Administrative Services Fleet Operations No. 37392 (AMO): R27-3-5.Personal Use Standards Published : 04/01/2013 Effective : 06/07/2013
Commerce Occupational and Professional Licensing No

. 37526 (AMO) : R156-24b-503

. Physical Therapist Supervisory Authority and Responsibility Published : 05/0112013 Effective : 06/10/2013
Education Administration No. 37509 (AM O): R277-469.lnstructional Materials Commission Operating Procedures Published : 05/01 /2013 Effective : 06/07/2013 No

. 37510 (AMO) : R277-508

. Employment of Substitute Teachers Published : 05/01 /2013 Effective : 06/07/2013 No. 37511 (AMO): R277-751.Special Education Extended School Year (ESY) Published : 05/01/2013 Effective : 06/0712013 Rehabilitation No

. 37512 (AMO): R280-200

. Rehabilitation Published : 05/01/2013 Effective : 06/07/2013


## tle.fil1h Family Health and Preparedness , Children with Special Health Care Needs No

. 37381 (AMO) : R398-1.Newborn Screening Published : 04/01/2013 Effective : 07/01 /2013 Fam ily Health and Preparedness , Licensing No

. 37442 (AMO) : R432-31

.Life with Dignity Order Published: 04/15/2013 Effective : 06/07/2013
Insurance Adm inistration No. 37515 (AMO) : R590-93

. Replacement of Life Insurance and Annuities Published : 05/0112013 Effective : 06/11/2013
Workforce Services Unemployment Insurance No

. 37517 (AMO) : R994-403

.Claim for Benefits Published : 05/0112013 Effective : 06/12/2013 No

. 37516 (AMO): R994-406-403

. Fraud Disqualification and Penalty Published : 05/0112013 Effective : 06/12/2013



### End of the Notices of Rule Effective Dates Section



### UTAHSTATE BULLETIN, July 01 , 2013 , 

### Vol. 20 13 , 

### No. 13 

### 235

# UTAH STATE BULLETIN

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

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

The 

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

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

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

## Bulletin or the rulemaking process may be addressed to : Division of Administrative Rules, 5110 State Office Building, Salt Lake City, Utah 84114-1201, 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 ofAdministrative Rules, Salt Lake City 84114 Unless otherwise noted, all infonnation 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. 1

. Delegated legislation-

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

### I. Utah. Office ofAdministrative Rules

. KFU440.A73S7 348.792'025--DDC 85

-643197

# TABLE OF CONTENTS

SPECIAL NOTICES.........................................................................................................................................................................1 Health Health Care Financing , Coverage and Reimbursement Policy Notice for September 2013 Medicaid Rate Changes

.. ........ ...... ...................... . . .................................. . ...................... 1 NOTICES OF PROPOSED RULES............ .....................................................................................................................................3 Commerce Real Estate No

. 37865 (Amendment): R162-2g Real Estate Appraiser Licensing and Certification Admin istrative Rules

... .. ..... .... .. . . ......... . .... ....................... . ... . ...................................... .. . . ................ .... . ...... . ...... . ........ 4 Environmental Quality Radiation Control No

. 37867 (Amendment) : R313-28-80 Intraoral Dental Radiographic Systems

............ .... .. ...... .... . ............. . .............6 Financial Institutions Nondepository Lenders No

. 37864 (New Rule) : R343-9 Deferred Deposit Lenders Registration with the

Nationwide Database

............... .. ... .... ..... . .... . ........... .. . ... . ........ . ...... .............. .. ............. .. ......... . .................................. 8 Health Children's Health Insurance Program No

. 37879 (Amendment): R382-10 Eligibility

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

. 37880 (Amendment) : R414-301 Medicaid General Provisions... .. . .. . ............................ . .............. .. ......... . . . ........ 11 No

. 37881 (Amendment): R414-308-4 Verification of Eligibil ity and Information Exchange

.... . .... ............... . . ...... ... .15 Insurance Admin istration No

. 37882 (Amendment): R590-142 Continuing Education Rule

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

. 37861 (Amendment): R590-226 Submission of Life Insurance Filings

......... .... . .......... .. . ...... ...... . ... ... . . ... . . ........ 23 No

. 37862 (Amendment) : R590-227 Submission ofAnnuity Filings

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

. 37883 (Amendment) : R590-244 Individual and Agency Licensing Requirements

........ .. ...................... ............31 Labor Commission Administration No

. 37866 (Amendment) : R600-2 Operations

........... . ........................ . ...... ..................................... ..... ....... ........ . .... 36 Natural Resources Oil , Gas and Mining Board No

. 37873 (Amendment): R641-100-600 Electronic Meetings

.. ... ..... ... . ................................................. . ... ............. 37 Transportation Motor Carrier No

. 37875 (Amendment) : R909-75 Safety Regulations for Motor Carriers Transporting

Hazardous Materials and/or Hazardous Wastes

........ . .......... . ...................................... .. .......... ... . ... ... .. . .... ...... . ...... 38 Workforce Services Employment Development No. 37878 (Amendment): R986-600 Workforce Investment Act...

. ......... .. .......... . . ... . ......... . ... ....... . ............. .. ...........40 Unemployment Insurance No

. 37877 (Amendment): R994-403-108b Deferral of Work Registration and Work Search

............ . . ... .. . ........ .......50 No

. 37876 (Amendment): R994-508-307 Withdrawal ofAppeal to the Board

.. ... .... . ...... ... .... ....................... ... . ... . ... 51 NOTICES OF CHANGES IN PROPOSED RULES........................................................................................................................53 Alcoholic Beverage Control Admin istration No. 37617 : R81-5-1 Licensing

... ..... . ................ . ...... .. .......... . ...... ...... . .................................... .. .............. . ...... .. ... ....... 54 Public Service Commission Administration No

. 37508 : R746-200 Residential Utility Service Rules for Electric, Gas , Water,

and Sewer Utilities

............................. ... ..... . . . .............. .. .......... . ................................................. . ... . ..... ........ ... ... .... .. 55



### UTAH STATE BULLETI N, August 15, 2013 , Vol. 2013, No. 16TABLE OF CONTENTS
NOTICES 120-DAY (EMERGENCY) RULES.................................................................................................................................61 Agriculture and Food Horse Racing Commission (Utah ) No. 37860 : R52-7 Horse Racing . ... .... .. ... ......... .. ......... .. ....................... . . . ....... . ...... . ... ... .. ..... .. . .......... ... .. .. .. . ..... . ..... . ... 6 1 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION...........................................................................67 Publ ic Service Comm ission Administration No

. 37869 : R746-344 Filing Requ irements for Telephone Corporations with Less than 5,000 Access Line Subscribers

. ........................... .. .......... . ...... . ..... ........ .. ......... .. .. ......... ... ... ..... ... .... .. .......... . .. 67 No. 37870 : R746-345 Pole Attachments

.. .... ...... ...... ... . .... .. ....... .. ......... . .. ... ....... ......... . ........ . ................. .... ..... .. ..... . .. 67 No

. 37872 : R746-404 Regulation of Promotional Programs of Electric and Gas

Publ ic Utilities ..... . ... ... . ... .. ... .... . ... . . .... . ........ .. . . . ... .. .. .. . . . ... . ... .... .... ... .... .. .. .... . .. ...... . . ...... .. .. .. ...... ... .. . . . ........... .. . ... . . . . . ... 68 No

. 37871 : R746-406 Advertising by Electric and Gas Utilities... ... .. .. .. ... ....... ..... .. .. .. .. ... ... .. ......... ..... .. .. ... .. .... ..... .... 68 No

. 37868 : R746-500 Americans with Disabilities Act Complaint Procedure

...... .... .... .. ... .. ... .. ...... .. .. ... .......... .. ........69 Transportation Ope rations , Maintenance No

. 37874 : R918-4 Using Volunteer Groups and Third Party Contractors for the Adopt-a-H ighway and Sponsor-a-H ighway Litter Pickup Programs

.. .... .... ... ...... .. .... . .. .. .. .. . .... .. ... .. ......... .... .. . ...... ... 70 NOTICES OF RULE EFFECTIVE DATES....................................................................................... ... .. .. .. ....... .. ............................ 71 RULES INDEX BY AGENCY (CODE NUMBER) AND BY KEYWORD (SUBJECT).................................................... .......................................................................................................73



### i i 

### UTAHSTATE BULLET I N, August 15, 20 13, V ol. 20 13, No
. 16

### NOTICES OF 

# RULE EFFECTIVE DATES State law provides for agencies to make th

. eir 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 perm its 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

.

Abbreviati ons AMO =Amendment CPR = Change in Proposed Rule NEW= New Rule R&R = Repeal & Reenact REP= Repeal
Alcoholic Beverage Control Administration No

. 37615 (AMO): R81-4A-2. Application Published : 06/01/2013 Effective : 07/30/2013 No

. 37616 (AMO): R81-4C-2

. Appl ication Publ ished : 06/01 /2013 Effective : 07/30/2013 No

. 376 18 (AMO): R8 1-5-5

. Advertising Publ ished : 06/01 /2013 Effective : 07/30/20 1 3
Career Service Review Office Administration No

. 37607 (AMO): R137-1

. Grievance Procedure Rules Publ ished : 06/01 /2013 Effective : 07/22/2013
Environmental Qual ity

ir Quality No

. 37275 (NEW): R307-342

. Adhesives and Sealants Published : 03/0 1/2013 Effective : 08/01 /2013 No

. 37275 (CPR): R307-342

. Adhesives and Sealants Published : 07/01 /2013 Effective : 08/01 /2013

## . 37276 (NEW): R307-357

.

ubl ished : 03/01 /2013 ffective : 08/0 1 /2013 Consumer Products



### UTAH STA T E BULLETI N, Augus t 15, 201 3, Vol. 2013 , No

. 16 . 37276 (CPR) : R307-357

. blished : 07/01/2013 ective : 08/01/2013


### .l:::!.e.alth Consumer Products

Disease Control and Prevention , Environmental Services No

. 37589 (NEW) : R392-103

. Food Handler Training and Certificate Published : 06/01 /2013 Effective: 08/01/2013 Health Care Financing , Coverage and Reimbursement Policy No

. 37656 (AMO) : R414-14A-26

. Payment for Nursing Facility, ICF/10, and Freestand ing Inpatient Hospice Unit Room and Board Published : 06/15/2013 Effective : 07/22/2013
Human Services
· Child and Fam ily Services

No

. 37645 (AMO): R512-41

. Qualifying Adoptive Fam ilies and Adoption Placement Published : 06/15/2013 Effective : 07/22/2013 No

. 37646 (AMO) : R512-302

. Out-of-Home Services , Responsibil ities Pertaining to an Out-of-Home Caregiver Published : 06/15/2013 Effective : 07/22/2013 Recovery Services No

. 37668 (AMO) : R527-5-3

. Request for Release of Information Published : 06/15/2013 Effective : 0712212013
Natural Resources Wildlife Resources No

. 37643 (AMO) : R657-44

. Big Game Depredation Publ ished : 06/15/2013 Effective : 07/22/2013



### 71

### NOTICES OF RULE EFFECTIVE DATES
Workforce Services Unemployment Insurance No

. 37671 (AMO) : R994-403-115c

. Period of Ineligibility Published : 06/15/2013 Effective: 08/01/2013 No

. 37670 (AMO): R994-508-102. Time Limits for Filing an Appeal from an Initial Department Determination Published : 06/15/2013 Effective: 08/0112013
End of the Notices of Rule Effective Dates Section

72 UTAH STATE BULLETIN , 

### August 15, 2013 , Vol. 2013 , No
. 16