DAR File No. 38235

Environmental Quality, Water Quality

Section R317-1-7

TMDLs

Notice of Proposed Rule

(Amendment)

DAR File No.: 38235
Filed: 01/13/2014 09:34:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference into the rule the completed and recently approved Colorado River Watershed TMDL (total maximum daily load) for Selenium as approved by the Water Quality Board.

Summary of the rule or change:

This section incorporates by reference the completed and approved Colorado River Watershed TMDL for Selenium into the rule. This TMDL document has gone through an individual public review process and has been approved by the Water Quality Board.

State statutory or constitutional authorization for this rule:

• Section 19-5-104
• Section 19-5-105

This rule or change incorporates by reference the following material:

• Adds Colorado River Watershed TMDL for Selenium, published by Utah Division of Water Quality, 12/05/2013

Anticipated cost or savings to:

the state budget:

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

local governments:

No cost impacts to local governments are anticipated. No activities that would result in costs or savings to local governments are mandated by the approved TMDL.

small businesses:

No cost impacts to small businesses are anticipated. The TMDL explains that the required actions are not within the boundaries of the state. Potential strategies and management options for reducing sources of pollutants are identified.

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

No cost impacts to other persons are anticipated. Potential strategies and management options for reducing sources of pollution are identified as needing to occur upstream of the identified TMDL reach.

Compliance costs for affected persons:

No direct compliance costs are anticipated for affected persons.

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. Potential strategies and management options for reducing sources of pollutants are identified, but are not specifically mandated. There is a compliance requirement for Moab City wastewater treatment plant, however, it is not anticipated that Moab's wastestream will exceed the TMDL endpoint over the course of the next 50 years.

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 QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@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:

03/03/2014

This rule may become effective on:

03/10/2014

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

7.7 East Canyon Reservoir -- September 14, 2010

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

7.58 Pariette Draw -- September 28, 2010

7.59 Emigration Creek -- September 1, 2011

7.60 Jordan River -- June 27, 2012

7.61 Colorado River -- December 5, 2013

 

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

Date of Enactment or Last Substantive Amendment: [September 24, 2013]2014

Notice of Continuation: October 2, 2012

Authorizing, and Implemented or Interpreted Law: 19-5