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 of the executive branch of 

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

produces the Bulletin under authority of Section 63G-3-402. 

Inquiries concerning the substance or applicability of an administrative rule that appears in the 

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

rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake 

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

versions of all administrative rule publications are available at: http://www.rules.utah.gov/ 

The information in this Bulletin is summarized in the Utah State Digest (Digest). The Digest is 

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

additional information. 
Division of Administrative Rules, Salt Lake City 84114 

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

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

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

Citation to the source is requested. 

Utah state bulletin. 

Semimonthly. 

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

I. Utah. Office of Administrative Rules. 

KFU440.A 73S7 

348.792'025--DDC 85-643197 
TABLE OF CONTENTS 

NOTICES OF PROPOSED RULES ................................................................................................................................................. 1 

Agriculture and Food 

Animal Industry 

No. 37262 (Amendment): R58-1 Admission and Inspection of Livestock, Poultry, 

and Other Animals ........................................ ............................................................................. ...... .. ............... ........ 2 

Commerce 

Occupational and Professional Licensing 

No. 37270 (Amendment): R 156-67-306 Exemptions from Licensure ...................................................................... 10 

No. 37271 (Amendment): R156-68-306 Exemptions from Licensure .......................................... .................... ...... ... 11 

Education 

Administration 

No. 37278 (Amendment): R277-445-3 Standards ................................ .................. ........................ ...... ................... 13 

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

No. 37280 (New Rule): R277-532 Local Board Policies for Evaluation of 

Non-Licensed Public Education Employees (Classified Employees) ......................................... .. .. ..... ................... 16 

Environmental Quality 

Air Quality 

No. 37275 (New Rule): R307-342 Adhesives and Sealants ................................. ................................................... 17 

No. 37276 (New Rule): R307-357 Consumer Products ....... ............... ............... ...................................................... 22 

No. 37268 (Amendment): R307-401-19 Analysis of Alternatives ....................................................................... ...... 36 

No. 37269 (Amendment): R307-401-20 Relaxation of Limitations ....................................... .................................... 36 

No. 37263 (Amendment): R307-403-1 Definitions .. ........................................................ ........................ .... ............. 37 

No. 37264 (Amendment): R307-403-2 Emission Limitations ..................................................... ............... ............... 39 

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

No. 37267 (Amendment): R307-403-11 Actuals PALs ..... ......... ..................................................... .......................... 43 

No. 37265 (Amendment): R307-420 Permits: Ozone Offset Requirements in 

Davis and Salt Lake Counties ...... .. .. .. .. .................................................................................................................. 43 

Solid and Hazardous Waste 

No. 37305 (Amendment): R315-1 Utah Hazardous Waste Definitions and 

References .................... ...... ........ ............ ......................................................................... ..... .. ................ .. .... ......... 45 

No. 37306 (Amendment): R315-2 General Requirements - Identification and 

Listing of Hazardous Waste ............ ...... ... .. ... ...................................................................................... ......... .. ........ 48 

No. 37307 (Amendment): R315-3 Application and Permit Procedures for 

Hazardous Waste Treatment, Storage, and Disposal Facilities ....................................... .............................. .. ..... 63 

No. 37308 (Amendment): R3 15-4 Procedures for Decisionmaking ........................... .......................................... .... 64 

No. 37309 (Amendment): R315-5 Hazardous Waste Generator Requirements .. .. .................................................. 69 

No. 37310 (Amendment): R315-6 Hazardous.Waste Transporter Requirements ................ .................................... 73 

No. 37311 (Amendment): R315-7 Interim Status Requirements for Hazardous 

Waste Treatment, Storage, and Disposal Facilities .. .............................................. ...... .......................................... 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 15-12 Administrative Procedures ............................... .............................. ...... .. ........ 101 

No. 37315 (Amendment): R315-13 Land Disposal Restrictions ............................................................................ 102 

No. 37317 (Amendment): R315-16 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 Sampling Methods ................................ ............................. 109 

No. 37320 (Amendment): R315-101 Cleanup Action and Risk-Based Closure 

Standards .. ........................ .......................................................... .......................................................... ............... 110 

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

No. 37322 (Amendment): R315-301 Solid Waste Authority, Definitions, and General 

Requirements ..... ............. ............................. ...................................................... .. ................................................ 116 

No. 37323 (Amendment): R315-302 Solid Waste Facility Location Standards, 

General Facility Requirements, and Closure Requirements ........................................................... ..................... 122 

No. 37324 (Amendment): R315-303 Landfilling Standards ............... .................................................................... 127 

UTAH STATE BULLETIN, March 0 1, 20 13, Vol. 20 13, No. 5 
TABLE 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 15-308 Ground Water Monitoring Requirements .......... .......................... ..... .... .... .. .. 139 

No. 37330 (Amendment): R315-309 Financial Assurance ............. ........................................................................ 144 

No. 37331 (Amendment): R315-310 Permit Requirements 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 Facility 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. 3727 4: R 156-53 Landscape Architects Licensing Act Rule .................................. .. .. ....................................... 190 

No. 37272: R 156-68 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 Emission Monitoring Program .................................................... ..................... 192 

No. 37258: R307-220 Emission Standards: Plan for Designated Facilities ............ .................... ..................... ...... 193 

No. 37257: R307-221 Emission Standards: Emission 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 CONTENTS 

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 H STATE BULLETIN, March 01 , 2013, Vol. 2013, No. 5 iii 

NOTICES 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 of adhesive 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 of one 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 of medical 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 if the 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 of this 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 Qf aci:vlonitrile. butadiene and styrene 

"Adhesive" means anY chemical substance that is applied for 

the pur:pqse of bonding 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 Qf ceramic tiles 

UTAH STATE 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 of a 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 of surfaces 

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 of at 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 of material. 

UTAH STATE BULLETIN, 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 

of medical 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 roof installation/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_ 

roof coating 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 of up 

to four inches wide around the perimeter of the sheet flooring. 

"Plastic cement welding adhesive" means any adhesive 

intended by the manufacturer for use to dissolve the surface of plastic. 

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 of PVC 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. 

19 
NOTICES 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 of a 

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 roof using one layer of membrane material 

"Single-ply roof membrane installation and repair adhesive" 

means any adhesive labeled for use in the installation or repair of_ 

single-ply roof membrane. 

()) 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 of the single-ply 

roof membrane seams or splices prior to bonding 

"Single-ply roof membrane sealant" means any sealant 

labeled for application to single-ply roof membrane 

"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 of a 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(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 of traffic marking tape. 

"Undersea-based weapons systems components" means the 

fabrication of parts. assembly of parts or completed units of anY 

portion of a 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 of continuous 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 of the limits in Table L 

(2) No person shall apply anY adhesive. sealanl adhesive 

primer or sealant primer with a voe content in excess of the limits in 

Table I unless that person uses an add-on control device as specified in. 

R307-342-8 

VOC Content Limits for Adhesives. Sea 1 ants. 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 fl oar covering 150 

installation 

Meta 1 to urethane/ rubber 850 

molding or casting 

Multipurpose construction 200 

Noronembrane roof 300 

i nsta 11 ati on/repair 

Other plastic cement welding 510 

Outdoor fl oar covering 250 

installation 

PVC welding 510 

Single-ply roof membrane 250 

install ati on /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 

ins ta 11 ati on/repair 

Roadway 250 

Single-ply roof membrane 450 

Other 420 

Adhesive Prime rs 

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 

Adhesives Applied to the Listed Substrate 

Flexible vi 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 less than or equal to 

70 grams ofVOC per liter of material· or 

(c) Parts containing dried adhesive may be soaked in a_ 

solvent if the composite vapor pressure of the 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 

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 of each 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 of each 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 of at 

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 of an 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 of the product. 

(a) R307-342-9 does not apply to the thinning of a 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 of the product 

in accordance with Table l. as supplied. displayed in grams of VOC 

per liter of product; and 

21 
NOTICES OF PROPOSED RULES 

(3) The maximum or the actual yoc content of the product 

in accordance with Table I. which includes the manufacture's 

maximum recommendation for thinning. as applied. displayed in 

grams of VOC per I iter of product 

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, 

including, 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 gover7fnent ent1t1es. 

COMPLIANCE CO~TS FOR AP.'hcTED PERSONS: 

Because there are f\o local manJfacturers 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 sumt. 

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 of Administrative 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 

UTAH STATE 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. shelf liners. 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 of substrates. 

"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 of any 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 of this 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 of masking 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 of a target population . 

"Anti-static product" means a product that is labeled to 

eliminate. prevent. or inhibit the accumulation of static 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 of cleaning or tightening 

~ 

< l l This category also includes claritiers and substrateimpregnated products. 

23 

NOTICES 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 off prior 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 of tiles. 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 of this 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 of perspiration 

"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 of the 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 BULLETIN, 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 of resale 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 of electrical 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 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 of engines 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 

25 
NOTICES 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 of fabric 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 of installed 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 of cleaning 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 of substrates. 

( 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 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 

fd) Adhesives designed exclusively for use on one 

speci fie 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 

UTAH STATE BULLETIN, March 01 , 2013, Vol. 2013, No. 5 
DAR 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 of a coiffure and provide limited holding power 

"Hair shine" means any product designed for the primary 

purpose of creating 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 of the 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 of time. 

"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 of the 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 of an 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 of the 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 of the 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. 

27 
NOTICES 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 of solid 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 I 00 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 of the following: 

{I) Has a vapor pressure less than 0.1 mm Hg at 20_ 

degrees Celsius. as determined by CARB Method 3 I 0: 

(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 of the 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 of cleaning 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 of applications, 

"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 of purposes. 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 of the 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 

UTAH STATE BULLETIN, March 01 , 2013, Vol. 2013, No. 5 
DAR 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 of substances. 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 of display 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 

~ 

UTAH STATE 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 

weatherproof gaps 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 of product. less packaging. which weigh more than one pound 

and consist of more than 16 fluid ounces, 

(3) For the purposes of this 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 of facial 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 of silicone compounds including. but not limited to. 

polydimethylsiloxane: and 

(2) Designed and labeled for general purpose lubrication. 

or for use in a wide variety of applications. 

(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 of the 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. 

29 
NOTICES 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 1 400 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' 

N l' 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 of the product weight (exclusive 

of the 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 of high 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 of plants 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 

UTAH STATE BULLETIN, March OJ, 2013, Vol. 2013, No. 5 
Mount in 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 : 

Aeroso 1 s 

Non-aerosols 

Graffiti Remover: 

Aerosols 

Non-aerosols 

Hair mousses 

Hair shines 

Hai rs prays 

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 1 ants 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 

UTAH STATE BULLETIN, March 01, 2013, Vol. 2013, No. 5 
DAR File No. 37276 

60 

25 

8 

55 

aerosol 

20 

i nfl a tors 

Toilet urinal 

Aerosols 10 

Non-aerosol 

Undercoati n s 

Wood Cleaner: 

Aerosol 

Non-Aerosol 

'AH STATE 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 of the 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. 

33 
NOTICES 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 of two 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 1 shall 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 1 shall 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 of one 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 of the 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 of time 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 of the year on 

whi¥h the produ¥t was manufa\(tured. with "001" representing the 

first dav of the year. "002" representing the second day of the 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 of the \(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 of the 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 of written 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 of the 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: 

UTAH STATE 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 of the 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 of fragrance 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. of the 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 idenli fication 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 I Cll. 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 of this subsection. a product contains 

perchloroethylene or methylene chloride if the product contains 

1.0% or more bv weight (exclusive of the container or packaging) 

of either 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: 

UTAH STATE 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 I 00 

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 of Liquid 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 of Enactment or Last Substantive Amendment: 2013 

Authorizing. and Implemented or Interpreted Law: 19-2-101 

35 
UTAH STATE 

BULLETIN 

OFFICIAL NOTICES OF UTAH STATE GOVERNMENT 

Filed June 01 , 2013, 12:00 a.m. through June 14, 2013, 11:59 p.m. 

Number 2013-13 

July 01, 2013 

Nancy L. Lancaster, Editor 

Kenneth A. Hansen, Director 

Kimberly K. Hood, Executive Director 

The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of 

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

produces the Bulletin under authority of Section 63G-3-402. 

Inquiries concerning the substance or applicability of an administrative rule that appears in the 

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

rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake 

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

versions of all administrative rule publications are available at: http://www.rules.utah.gov/ 

The information in this Bulletin is summarized in the Utah State Digest (Digest). The Digest is 

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

additional information. 
Division of Administrative Rules, Salt Lake City 84114 

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

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

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

Citation to the source is requested. 

Utah state bulletin. 

Semimonthly. 

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

I. Utah. Office of Administrative Rules. 

KFU440.A 73S7 

348.792'025--DDC 85-643197 
TABLE OF CONTENTS 

NOTICES OF PROPOSED RULES ................................................................................................................................................. 1 

Agriculture and Food 

Conservation and Resource Management 

No. 37680 (Amendment): R64-2 Utah Conservation Commission Electronic Proposed Meetings ............................ 2 

Commerce 

Occupational and Professional Licensing 

No. 37697 (Amendment): R 156-11 a Barber, Cosmetologist/Barber, Esthetician, Electrologist, 

and Nail Technician Licensing Act Rule ... .................................................. .................................................... ........... 3 

No. 37707 (Amendment): R156-17b Pharmacy Practice Act Rule ................................................................ ............ 7 

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

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

No. 37705 (Amendment): R156-70a-304 Continuing Education .......... .................................................................... 25 

Education 

Administration 

No. 37734 (Amendment): R277-406 K-3 Reading Improvement Program and the State Reading 

Goal. ........ ........................................................ ......................................................... ..... ......................................... 26 

No. 37735 (Amendment): R277-407-3 Classes and Activities During the Regular School Day .......... .................... 28 

No. 37736 (Amendment): R277-422-3 Requirements and Timelines for State-Supported Voted 

Local Levy .............. ................ ............................................................................................................... ... .............. 29 

No. 37737 (Amendment): R277-445-3 Standards ...... ............................................................................................. 30 

No. 37738 (Repeal and Reenact): R277-477 Distribution of Funds from the Interest and Dividend 

Account (School LAND Trust Funds) and Administration of the School LAND Trust Program .............................. 32 

No. 37739 (Amendment): R277-484 Data Standards .. ............................................................... .. ............. .............. 39 

No. 37740 (Amendment): R277-487 Public School Data Confidentiality and Disclosure ........................................ 43 

No. 37741 (Amendment): R277-489 Early Intervention Program .................................... .... ................ .... ................ 46 

No. 37742 (Amendment): R277-490 Beverley Taylor Sorenson Elementary Arts Learning Program ..................... .48 

No. 37743 (Amendment): R277-602 Special Needs Scholarships - Funding and Procedures .. .............................. 51 

No. 37744 (Repeal): R277-606 Grants to Purchase or Retrofit Clean School Buses ..... ......................................... 55 

No. 37745 (Amendment): R277-617 Smart School Technology Program ...................................... ..... .. .. .... ............. 56 

No. 37746 (New Rule): R277-619 Student Leadership Skills Development.. ......... ................................................. 58 

Environmental Quality 

Air Quality 

No. 37703 (Amendment): R307-214 National Emission Standards for Hazardous Air Pollutants ........................... 60 

No. 37704 (New Rule): R307-361 Architectural Coatings ........................................................................................ 64 

Drinking Water . 

No. 37722 (Amendment): R309-500 Facility Design and Operation: Plan Review, Operation and 

Maintenance Requirements ...... ................ .......................................................... ..... ............... ... ........... ................. 73 

No. 37724 (Amendment): R309-510 Facility Design and Operation: Minimum Sizing Requirements .................... 77 

No. 37725 (Amendment): R309-511 Hydraulic Modeling Requirements ........... ...................................................... 81 

No. 37726 (Amendment): R309-515 Facility Design and Operation: Source Development.. ................................. 84 

No. 37727 (Amendment): R309-520 Facility Design and Operation: Disinfection ........................... .. .. .. ................. 93 

No. 37728 (Amendment): R309-525 Facility Design and Operation: Conventional Surface Water 

Treatment. ......... ..................................... .............................................................................................................. 103 

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

Treatment Methods ................................................... ........................................................ ....... ............................. 114 

No. 37730 (Amendment): R309-535 Facility Design and Operation: Miscellaneous Treatment 

Methods ................................................................................................................................................................ 117 

Health 

Administration 

No. 37679 (Amendment): R380-250 HIPAA Privacy Rule lmplementation ............................................................ 122 

Health Care Financing, Coverage and Reimbursement Policy 

No. 37715 (Amendment): R414-1-5 Incorporations by Reference ......................................................................... 123 

No. 37696 (Amendment): R414-51 Dental, Orthodontia ........................................................................................ 128 

Family Health and Preparedness, Emergency Medical Services 

No. 37681 (New Rule): R426-1 General Definitions ............. ............................................................. ... ................. 130 

UTA H STATE BULLETIN, July 0 1, 20 13, Vol. 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 ........ .... .. ....... ............. ..... ........ ..................... ..................... ............ ........ 137 

No. 37684 (New Rule): R426-4 Operations ........................ ........ ....... .................................................. .. ........... ..... 141 

No. 37685 (Repeal and Reenact): R426-5 Statewide Trauma System Standards .. ............ ......... .............. .. ......... 155 

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

Program Rules .. .............................. ................... ................ ........ ...... .. ............ ............ ........... ..... .......... ... ............ . 165 

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

Rules ............... .......... ................ ........................... ............ ......................... ...... ......................................... ............ 168 

No. 37688 (Repeal and Reenact): R426-8 Emergency Medical Services Per Capita Grants Program 

Rules .................. ...... ... ....................................................................... .................................................................. 176 

No. 37689 (New Rule): R426-9 Statewide Trauma System Standards ...................... .. .................... .. .. ...... .. ...... ... 178 

No. 37690 (Repeal): R426-11 General Provisions ......... ................. .................. .. ......... .................... ...................... 182 

No. 37691 (Repeal): R426-12 Emergency Medical Services Training and Certification Standards ..... ................. 184 

No. 37692 (Repeal): R426-13 Emergency Medical Services Provider Designations ... .................. .. ... ................ .. 185 

No. 37693 (Repeal): R426-14 Ambulance Service and Paramedic Service Licensure ............... .... ... .......... ......... 187 

No. 37694 (Repeal): R426-15 Licensed and Designated Provider Operations .......................... ....... .................... 191 

No. 37695 (Repeal): R426-16 Emergency Medical Services Ambulance Rates and Charges ......... ... ... ............... 191 

Insurance 

Administration 

No. 37719 (Amendment): R590-160-5 Rules Applicable to All Proceedings ...... .. ......... .. ..... ........ ... ....... .. .. .......... . 193 

Natural Resources 

Wildlife Resources 

No. 37716 (New Rule): R657-65 Urban Deer Control. .......... .. ................ ............................................................... 195 

Public Safety 

Driver License 

No. 37717 (Amendment): R708-21 Third-Party Testing ........ ...... ... .... ... .......... ... ......... .......... ...... .. ................. .. ...... 198 

No. 37718 (Repeal and Reenact): R708-45 Renewal or Duplicate License for a Utah Resident 

Temporarily Residing Out of State ........................................................................... ........................ ......... ............ 202 

Tax Commission 

Motor Vehicle Enforcement 

No. 37699 (Amendment): R877-23V-21 Automated License Plate Recognition System Pursuant to 

Utah Code Ann. Section 41-3-105 ......... .............................................................................................................. 205 

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

Environmental Quality 

Air Quality 

No. 37275: R307-342 Adhesives and Sealants .. ......... .................... .... .................................................................. 208 

No. 37276: R307-357 Consumer Products .. ............ ... .. ....... .. ...... ... ... .. .. ................. .. ..... .. ........................ ... .... ....... 213 

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

Agriculture and Food 

Conservation and Resource Management 

No. 37698: R64-2 Utah Conservation Commission Proposed Electronic Meetings .................................. ........ .... 229 

Plant Industry 

No. 37700: R68-9 Utah Noxious Weed Act... .......................................................... ............................................. .. 229 

Education 

Administration 

No. 37708: R277-403 Student Reading Proficiency and Notice to Parents .... .................. ... .. .. ................ .............. 230 

No. 37709: R277-406 K-3 Reading Improvement Program and the State Reading Goal. ..................................... 230 

No. 37710: R277-477 Distribution of Funds from the Interest and Dividend Account (School 

LAND Trust Funds) and Administration of the School LAND Trust Program ...... ................................................. 231 

No. 37711 : R277-490 Beverley Taylor Sorenson Elementary Arts Learning Program ........................................... 231 

No. 37712: R277-525 Special Educator Stipends ......................................... ... .................... ........... ... .................... 232 

No. 37713: R277-602 Special Needs Scholarships - Funding and Procedures ...... .. .... ............... ....... .. ..... .. ......... 232 

No. 37714: R277-617 Smart School Technology Program ... ............. ........... ...................................................... ... 233 

II UTA H STA TE BULLETIN, July 01 , 201 3, Vol. 2013, No. 13 
TABLE OF CONTENTS 

NOTICES OF RULE EFFECTIVE DATES ................................................................................................................................... 235 

RULES INDEX 

BY AGENCY (CODE NUMBER) 

AND 

BY KEYWORD (SUBJECT) ......................................................................................................................................................... 237 

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

NOTICES 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 Quality 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 of Administrative 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, 

UTAH STATE BULLETIN, July 01, 2013, Vol. 2013, No. 13 
DAR 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 of one 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 of the adhesive 

states "for tire repair only;" 

(b) ln the [!!Ssemel), rel"flir llftB mE1m1fttettue]production. 

rework. repair. or maintenance of aerospace vehicles and components. 

and undersea-based weapon systems; 

(c) ln the manufacture of medical equipment;[-flltt!] 

(d) Operations that are exclusively covered by Department 

of Defense 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 of d1is 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. 

UTAH STATE BULLETIN, 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 (ABS) welding adhesive" 

means any adhesive intended by the manufacturer to weld 

acrylonitrile-butadiene-styrene pipe, which is made by reacting 

monomers of acrylonitrile, butadiene and styrene. 

"Adhesive" means any chemical substance that is applied for 

the purpose of bonding 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 of the glass using an adhesive or sealant. 

"Ceramic tile installation adhesive" means any adhesive 

intended by the manufacturer for use in the installation of ceramic 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 of a vinyl computer diskette jacket. 

"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 of surfaces 

after the adhesive-coated surfaces have been brought together using 

209 
NOTICES 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 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. 

"Cyanoacrylate adhesive" means any adhesive with a 

cyanoacrylate content of at 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 of material. 

"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 

of medical 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 roof installation/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 

roof coating 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 of plywood, 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 of up 

to four inches wide around the perimeter of the sheet flooring. 

"Plastic cement welding adhesive" means any adhesive 

intended by the manufacturer for use to dissolve the surface of plastic 

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 of PVC 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 of a 

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 roof using one layer of membrane material. 

"Single-ply roof membrane installation and repair adhesive" 

means any adhesive labeled for use in the installation or repair of 

single-ply roof membrane. 

( 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. 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR 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 of the single-ply 

roof membrane seams or splices prior to bonding. 

"Single-ply roof membrane sealant" means any sealant 

labeled for application to single-ply roof membrane. 

"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 of a 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 of traffic marking tape. 

"Undersea-based weapons systems components" means the 

fabrication of patts, assembly of parts or completed units of any 

portion of a 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 of continuous 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 of the 

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 

UTAH STATE 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 

Mult ipurpose construction 

Norrnembrane roof 

ins ta 11 ati on/repair 

Other plastic cement welding 

Outdoor floor covering 

installation 

PVC welding 

Single-ply roof membrane 

install ati on/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 

211 
NOTICES OF CHANGES IN PROPOSED RULES 

Norrnembrane roof 300 

i nsta 11 ati on/ repair 

Roadway 250 

Single-pl y roof membrane 450 

Other 420 

Adhesive Primers 

Automoti ve glass 700 

Pl as tic cement welding 650 

Single-ply roof membrane 250 

Traffic marking tape 150 

Other 250 

Sealant Primers 

Non-porous architectural 250 

Porous arc hi tectura l 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) Ro II 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 of material; or 

(c) Parts containing dried adhesive may be soaked in a 

solvent ifthe composite vapor pressure of the 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 

DAR File No. 37275 

remains closed except when adding parts to or removing parts from the 

container. 

R307-342-7. Administrative Requirements. 

(I) Each person that manu factμ res 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 of each 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 of each 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 of adhesives, 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. Optional Add-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 of at 

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. Container Labeling. 

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 of the 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 of the product 

in accordance with Table I, as supplied, displayed in grams ofVOC 

per liter of product; and 

(3) The maximum or the actual VOC content of the product 

in accordance with Table I, which includes the manufacture's 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR File No. 37275 

maximum recommendation for thinning, as applied, displayed in 

grams ofVOC per liter of product. 

KEY: air pollution, adhesives, sealants, primers 

Date of Enactment or Last 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 G1e. 

SUMMARY OF THE~ RE OR CHANGE: Definitions for 

"fabric refresher'' and "gr 1ti remoy 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. 

Additionally, 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 BULLETIN, 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 84116-3085 

or at the Division f Adr: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 um ans 

an animals, adhesive tape, contact paper, wallpaper, shelf Ii ers, or 

a y other product with an adhesive incorporated onto or in a 

bstrate. 

213 
DAR File No. 37275 

imum recommendation for thinning, as applied, displayed 

s ofVOC per liter of product. 

air pollution, adhesives, sealants, primers 

Date Enactment or Last 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 ni 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 while 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 

required 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 erlining in the rule 

below indicates te that has been dded since the 

publication 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 this 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 additional 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 

mrad are to improve and clarify definitions of terms us 

thr ghout the rule and to add language to clarify rul 

re uirements. 

UTAH STATE BULLETIN, 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 requirements. 

COSTS FOR AFFECTED P RSONS: The 

changes made this rule are to clarify intent, add new 

definitions, and arify existing definitio s of terms used 

throughout the ru . There are n compliance costs 

associated with this 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 th is 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 manufactures for sale consumer 

products on or after the effective date in Table I [tmtl is leeatea]fur. 

~ in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber 

counties. 

R307-357-3. Definitions. 

The fo llowing 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 inert 

substrate. 

213 
NOTICES 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 of substrates. 

"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 of any 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 of this 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 of a target population. 

"Anti-static product" means a product that is labeled to eliminate, 

prevent, or inhibit die accumulation of static 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 of cleaning or tightening 

pores. 

(I) This category also includes clarifiers and substrateimpregnated 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 off prior 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-contain ing car wash products, 

and products designed for use on unpainted surfaces such as bare 

metal, chrome, glass, or plastic. 

UTAH STATE BULLETIN, July 0 1, 20 13, Vol. 2013, No. 13 
DAR 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 of tiles, 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 of di is 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. 

215 
NOTICES 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 of bacteria which 

cause the decomposition of perspiration. 

"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 of plant 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 of the 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 of resale 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 of electrical 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 of engines 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 of fabric 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. 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR 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 of installed 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 STATE BULLETIN, July 01 , 2013, Vol. 20 13, No. 13 

NOTICES OF CHANGES IN PROPOSED RULES 

solely for the purpose of cleaning, 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 purpose adhesive" means any non-aerosol 

adhesive designed for use on a variety of substrates. 

( 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 speci fie 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 speci fie 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 of non-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 of a coiffure and provide limited holding power. 

"Hair shine" means any product designed for the primary 

purpose of creating 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 of the 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 of time. 

"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 of the 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 of an 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 of the 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 of the 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 of solid 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. 13 
DAR 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 I 00 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 of the 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 of the 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 of cleaning 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 

UTAH STATE BULLETIN, 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 of applications. 

"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 ef fltlfl'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 seh eAt 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 aegi eesers 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 speci fie 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 fo r application to a substrate in a thin layer 

which is converted to an opaque solid film after application and is 

219 
NOTICES 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 of the 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 of substances, 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 

weatherproof gaps 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. 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR File No. 37276 

(2) Sealant and caulking compound also does not include 

units of product, less packaging, which weigh more than one pound 

and consist of more than 16 fluid ounces. 

(3) For the purposes of this 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 of facial 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 of silicone compounds including, but not limited to, 

polydimethylsiloxane; and 

(2) Designed and labeled for general purpose lubrication, 

or for use in a wide variety of applications. 

(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 of the 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, of plasticizer 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 E260-9 l 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 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 

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 

(HF Cs). 

"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 

221 
NOTICES 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 

of the 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 of high 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 of plants 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 of the 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 

Aerosols 

[ All eH1e• feF111s 5 

] Non-aeroso 1 s 1 

DAR File No. 37276 

UTAH STATE BULLETIN, July 01 , 2013, Vol. 2013, No. 13 
DAR File No. 37276 

Aerosols 

Non-aerosols 

(dilutables) 

Non-aeros ols 

(ready-to-use) 

Cooking spray aeros o 1 s 

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-aeros o 1 

Fabric protectants 

Fabric refresher: 

Aerosol 

Non-aerosol 

Floor Pol ishes or Waxes: 

Res i1 i ent floori ng 

materi als 

Non res i 1 i ent 

materials 

Wood fl oar wax 

JO 

60 

15 

90 

75 

55 

TAH STATE BULLETIN, 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 : 

Aeroso 1 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 

20 
NOTICES OF CHANGES IN PROPOSED RULES 

40 

22 

Al 1 other fonns 

Laundry starch 

products 

Metal polishes/ 

cleansers 

Multi -Purpose 1 ubri cants 50 

(excluding solid or 

semi-solid products) 

Multi-purpose Solvent 

Nail Polish Removers 

Non-se l ective 

terres t 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 1 i cone-based multi25 

8 

224 

Temporary hair col or 

aerosol 

Tire sealants and 

i nfl a tors 

Toi 1 et/u ri na 1 care: 

Aerosols 

Non-aerosol 

55 

20 

10 

Undercoatings, aerosols 40 

Wood Cleaner: 

Aerosol 17 

Non-Aeros o 1 

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 of e 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 of 3% 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); 

UTAH STATE BULLETIN, July 0 1, 2013, Vol. 2013, No. 13 
DAR 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 of R307-357-4(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 of the 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 of the 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 speci tied 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 of two 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 

l 36/ l 36y). 

UTAH STATE BULLETIN, 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 of one 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 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 (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 of time 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 of this rule shall be exempt from complying with the 

VOC content limits established in Table I for the period of time 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- l 0(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: 

225 
NOTICES 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 of the year, "002" representing the second day of the 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 of the 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 of the 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 of the code shall be supplied to the 

director within 30 day of written request. 

(4) Notwithstanding the definition of product 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 if the 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 of the 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 of the 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 of fragrance 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, of the 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 of this subsection, a product contains 

perchloroethylene or methylene chloride if the product contains 

1.0% or more by weight (exclusive of the container or packaging) 

of either perchloroethylene or methylene chloride. 

(2) For each consumer product that contains 

perchloroethylene or methylene chloride, upon request from the 

UTAH STATE BULLETIN, 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 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 CA RB 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) If product 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 of Liquid 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 of Enactment or Last Substantive Amendment: 2013 

Authorizing, and Implemented or Interpreted Law: 19-2-101 

End of the Notices of Changes in Proposed Rules Section 

UTAH STATE BULLETIN, 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 R 15-4-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 

Family Health and Preparedness, Licensing 

No. 37442 (AMO): R432-31 .Life with Dignity Order 

Published: 04/15/2013 

Effective: 06/07/2013 

Insurance 

Administration 

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 

UTAH STATE 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 of the executive branch of 

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

produces the Bulletin under authority of Section 63G-3-402. 

Inquiries concerning the substance or applicability of an administrative rule that appears in the 

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

rulemaking process may be addressed to: Division of Administrative Rules, 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 of Administrative 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 of Administrative Rules. 

KFU440.A 73S7 

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): R 162-2g Real Estate Appraiser Licensing and Certification 

Administrative Rules ... .. ........... .................................................................................... ............................................. 4 

Environmental Quality 

Radiation Control 

No. 37867 (Amendment): R313-28-80 Intra oral 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 Eligibility and Information Exchange .................................... 15 

Insurance 

Administration 

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 of Annuity 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 of Appeal to the Board ................... .... .......................... ........ 51 

NOTICES OF CHANGES IN PROPOSED RULES ........................................................................................................................ 53 

Alcoholic Beverage Control 

Administration 

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 BULLETIN, August 15, 2013, Vol. 2013, No. 16 
TABLE OF CONTENTS 

NOTICES 120-DAY (EMERGENCY) RULES ................................................................................................................................. 61 

Agriculture and Food 

Horse Racing Commission (Utah) 

No. 37860: R52-7 Horse Racing .... .... .. ... ......... .. ......... .. ................................. .............. .. ......................... .. ................ 61 

FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION ........................................................................... 67 

Public Service Commission 

Administration 

No. 37869: R746-344 Filing Requirements for Telephone Corporations with Less 

than 5,000 Access Line Subscribers .............................. ................................. ........... .. ......... ... ... ............ .. .......... ... 67 

No. 37870: R7 46-345 Pole Attachments .. ................... ..... .. ......... ............ ... ......................... ........................... .. ..... ... 67 

No. 37872: R746-404 Regulation of Promotional Programs of Electric and Gas 

Public 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 

Operations, Maintenance 

No. 3787 4: R918-4 Using Volunteer Groups and Third Party Contractors for the 

Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs .. ........... ........ ....... .. .. ............ .. ...................... ... 70 

NOTICES OF RULE EFFECTIVE DATES ..................................................................................................................................... 71 

RULES INDEX 

BY AGENCY (CODE NUMBER) 

AND 

BY KEYWORD (SUBJECT) ........................................................................................................................................................... 73 

ii UTAH STATE BULLETIN, August 15, 20 13, Vol. 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 

permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case 

of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of 

effective date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file 

a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed 

Rule the rule lapses and the agency must start the rulemaking process over. 

Notices of Effective Date are governed by Subsection 63G-3-301 (12), 63G-3-303, and Sections R15-4-5a and 5b . 

Abbreviations 

AMO =Amendment 

CPR = Change in Proposed Rule 

NEW= New Rule 

R&R = Repeal & Reenact 

REP= Repeal 

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. Application 

Published: 06/01 /2013 

Effective: 07/30/2013 

No. 37618 (AMO): R81-5-5. Advertising 

Published: 06/01 /2013 

Effective: 07 /30/2013 

Career Service Review Office 

Administration 

No. 37607 (AMO): R 137-1 . Grievance Procedure Rules 

Published: 06/01 /2013 

Effective: 07/22/2013 

Environmental Quality 

ir Quality 

No. 37275 (NEW): R307-342. Adhesives and Sealants 

Published: 03/01/2013 

Effective: 08/01 /2013 

No. 37275 (CPR): R307-342. Adhesives and Sealants 

Published: 07/01 /2013 

Effective: 08/01 /2013 

. 37276 (NEW): R307-357. 

ublished: 03/01 /2013 

ffective: 08/01 /2013 

Consumer Products 

UTAH STATE BULLETIN, August 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 Freestanding Inpatient Hospice Unit 

Room and Board 

Published: 06/15/2013 

Effective: 07/22/2013 

Human Services 

· Child and Family Services 

No. 37645 (AMO): R512-41 . Qualifying Adoptive Families 

and Adoption Placement 

Published: 06/15/2013 

Effective: 07/22/2013 

No. 37646 (AMO): R512-302. Out-of-Home Services, 

Responsibilities 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 

Published: 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