Environmental Quality, Water Quality

Section R317-1-7

TMDLs

Notice of Proposed Rule

(Amendment)

DAR File No.: 34437
Filed: 02/15/2011 09:39:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference the completed and recently approved East Canyon Creek and Reservoir Total Maximum Daily Load (TMDL) water quality study and determination into the rule.

Summary of the rule or change:

This section incorporates by reference the completed and approved East Canyon Reservoir, East Canyon Creek TMDL into the rule. This TMDL document has gone through an individual public review process, has been approved by the EPA 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 East Canyon Reservoir and East Canyon Creek TMDL, published by Utah Division of Water Quality, 09/01/2000

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:

No cost impacts to local governments are anticipated. No direct costs to local governments are mandated by the approved TMDL. However, 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.

small businesses:

No cost impacts to small businesses are anticipated. No reductions in water quality pollutants are specifically mandated for businesses in the TMDL. However, 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. No reductions in water quality pollutants are specifically mandated for other persons in the TMDL. However, 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:

No direct compliance costs are anticipated for affected persons. No additional compliance requirements were implemented for point sources of pollutants as a result of the approved TMDL. Strategies and management options for reducing nonpoint sources of pollutants are identified, but are not specifically mandated by the approved TMDL. 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.

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

No fiscal impacts to businesses are anticipated as a result of the approved TMDL. No additional compliance requirements were implemented for point sources of pollutants as a result of the approved TMDL. Strategies and management options for reducing nonpoint sources of pollutants are identified, but are not specifically mandated by the approved TMDL. 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 [email protected]

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:

03/31/2011

This rule may become effective on:

04/07/2011

Authorized by:

Walter Baker, 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 -- 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 14, 2010[September 1, 2000]

7.7 East Canyon Reservoir -- September 14, 2010[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: [November 19, 2010]2011

Notice of Continuation: October 2, 2007

Authorizing, and Implemented or Interpreted Law: 19-5