Environmental Quality, Water Quality

Section R317-1-7

TMDLs

Notice of Proposed Rule

(Amendment)

DAR File No.: 33921
Filed: 08/11/2010 05:24:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference a recently completed and Environmental Protection Agency (EPA) approved Total Maximum Daily Load (TMDL) Water Quality determination into the rule.

Summary of the rule or change:

This section incorporates by reference the Middle Bear River and Cutler Reservoir TMDL. Each TMDL has gone through an individual public review process, has been approved by the Environmental Protection Agency, and has been adopted by the Water Quality Board.

State statutory or constitutional authorization for this rule:

• Section 19-5-104

This rule or change incorporates by reference the following material:

• Adds Middle Bear River and Cultler Reservoir TMDL, published by Utah Division of Water Quality, February 2010

Anticipated cost or savings to:

the state budget:

There are no anticipated impacts to the state budget. The proposed amendments will be addressed using existing resources.

local governments:

Implementation of the approved Bear River and Cutler Reservoir TMDL will require Logan City to upgrade its existing wastewater treatment facility to meet TMDL water quality endpoints. Estimated costs are in the range of $15,000,000, however, the cost of these upgrades is difficult to determine as they will vary widely depending on the type of treatment technology selected by the city.

small businesses:

No cost impacts to small businesses are anticipated. However, the approved TMDL outline an adaptive management strategy for implementation. Capital construction costs or costs associated with changes in management strategies to address point and nonpoint sources of pollution may or may not be required in the future depending on a number of factors that cannot be determined at this time. Implementation projects and strategies will be made available for discussion and comment in a continuing public planning process associated with each TMDL.

persons other than small businesses, businesses, or local governmental entities:

No cost impacts to other persons are anticipated. However, the approved TMDL outline an adaptive management strategy for implementation. Capital construction costs or costs associated with changes in management strategies to address point and nonpoint sources of pollution may or may not be required in the future depending on a number of factors that cannot be determined at this time. Implementation projects and strategies will be made available for discussion and comment in a continuing public planning process associated with each TMDL.

Compliance costs for affected persons:

Implementation of the approved Bear River and Cutler Reservoir TMDL will require Logan City to upgrade its existing wastewater treatment facility to meet TMDL water quality endpoints. Estimated costs are in the range of $15,000,000, however, the cost of these upgrades is difficult to determine as they will vary widely depending on the type of treatment technology selected by the city.

Comments by the department head on the fiscal impact the rule may have on businesses:

Each state is required under Section 303 of the federal Clean Water Act to establish TMDLs for waters identified as impaired, i.e., those waters included on the 303(d) list. States must complete and implement TMDLs. No cost impacts to businesses are identified in the approved TMDLs. However, the approved TMDLs outline an adaptive management strategy for implementation. Capital construction costs or costs associated with changes in management strategies to address point and nonpoint sources of pollution may or may not be required in the future depending on a number of factors that cannot be determined at this time. Implementation projects and strategies will be made available for discussion and comment in a continuing public planning process associated with each TMDL.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Water Quality
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Amanda Smith, Executive Director

R317. Environmental Quality, Water Quality.

R317-1. Definitions and General Requirements.

R317-1-7. TMDLs.

The following TMDLs are approved by the Board and hereby incorporated by reference into these rules:

7.1 Middle Bear River -- [December 23, 1997]February 23, 2010

7.2 Chalk Creek -- December 23, 1997

7.3 Otter Creek -- December 23, 1997

7.4 Little Bear River -- May 23, 2000

7.5 Mantua Reservoir -- May 23, 2000

7.6 East Canyon Creek -- September 1, 2000

7.7 East Canyon Reservoir -- September 1, 2000

7.8 Kents Lake -- September 1, 2000

7.9 LaBaron Reservoir -- September 1, 2000

7.10 Minersville Reservoir -- September 1, 2000

7.11 Puffer Lake -- September 1, 2000

7.12 Scofield Reservoir -- September 1, 2000

7.13 Onion Creek (near Moab) -- July 25, 2002

7.14 Cottonwood Wash -- September 9, 2002

7.15 Deer Creek Reservoir -- September 9, 2002

7.16 Hyrum Reservoir -- September 9, 2002

7.17 Little Cottonwood Creek -- September 9, 2002

7.18 Lower Bear River -- September 9, 2002

7.19 Malad River -- September 9, 2002

7.20 Mill Creek (near Moab) -- September 9, 2002

7.21 Spring Creek -- September 9, 2002

7.22 Forsyth Reservoir -- September 27, 2002

7.23 Johnson Valley Reservoir -- September 27, 2002

7.24 Lower Fremont River -- September 27, 2002

7.25 Mill Meadow Reservoir -- September 27, 2002

7.26 UM Creek -- September 27, 2002

7.27 Upper Fremont River -- September 27, 2002

7.28 Deep Creek -- October 9, 2002

7.29 Uinta River -- October 9, 2002

7.30 Pineview Reservoir -- December 9, 2002

7.31 Browne Lake -- February 19, 2003

7.32 San Pitch River -- November 18, 2003

7.33 Newton Creek -- June 24, 2004

7.34 Panguitch Lake -- June 24, 2004

7.35 West Colorado -- August 4, 2004

7.36 Silver Creek -- August 4, 2004

7.37 Upper Sevier River -- August 4, 2004

7.38 Lower and Middle Sevier River -- August 17,2004

7.39 Lower Colorado River -- September 20, 2004

7.40 Upper Bear River -- August 4, 2006

7.41 Echo Creek -- August 4, 2006

7.42 Soldier Creek -- August 4, 2006

7.43 East Fork Sevier River -- August 4, 2006

7.44 Koosharem Reservoir -- August 4, 2006

7.45 Lower Box Creek Reservoir -- August 4, 2006

7.46 Otter Creek Reservoir -- August 4, 2006

7.47 Thistle Creek -- July 9, 2007

7.48 Strawberry Reservoir -- July 9, 2007

7.49 Matt Warner Reservoir -- July 9, 2007

7.50 Calder Reservoir -- July 9, 2007

7.51 Lower Duchesne River -- July 9, 2007

7.52 Lake Fork River -- July 9, 2007

7.53 Brough Reservoir -- August 22, 2008

7.54 Steinaker Reservoir -- August 22, 2008

7.55 Red Fleet Reservoir -- August 22, 2008

7.56 Newcastle Reservoir -- August 22, 2008

7.57 Cutler Reservoir -- February 23, 2010

 

KEY: water pollution, waste disposal, industrial waste, effluent standards

Date of Enactment or Last Substantive Amendment: [April 1, ]2010

Notice of Continuation: October 2, 2007

Authorizing, and Implemented or Interpreted Law: 19-5