DAR File No. 38530

This rule was published in the June 1, 2014, issue (Vol. 2014, No. 11) of the Utah State Bulletin.


Environmental Quality, Water Quality

Section R317-1-3

Requirements for Waste Discharges

Notice of Proposed Rule

(Amendment)

DAR File No.: 38530
Filed: 05/15/2014 08:31:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This agency action is essential to prevent further deterioration of state waters due to nutrient pollution. It is an important and moderate first step in the Department's nutrient strategy that will ultimately provide effective and permanent protection of state waters.

Summary of the rule or change:

The current language of Subsection R317-1-3(3.3) about extensions to deadlines for compliance is no longer relevant and is being replaced with new language for technology-based limits for controlling nutrient pollution. This change incorporates a technology-based effluent limit of 1.0 milligram per liter phosphorus into Utah Pollutant Discharge Elimination System permits for all non-lagoon treatment works that discharge into surface waters of the state. For lagoon treatment systems, the change establishes a cap of 125% times the current average annual phosphorus load being discharged. Four exceptions are defined in the rule change. Where conditions of exception are demonstrated, no technology based limits or loading cap will be applied. The exceptions are as follows: 1) phosphorus effluent limits are established by TMDL; 2) receiving water phosphorus concentration will not be increased by more than 10% at the point of discharge; 3) economic hardship; or 4) effluent limits or loading cap are clearly unnecessary to protect downstream uses of the receiving water body. Also included are some corrections to references to conform with recommended formatting.

State statutory or constitutional authorization for this rule:

  • Title 19, Chapter 5

Anticipated cost or savings to:

the state budget:

Aggregate anticipated cost to the state budget is approximately $250,000 over five years for engineering, construction, and financial management of capital improvement projects. Funds will be generated through State Revolving Fund loan initiation fees.

local governments:

Non-rural cities, towns, and service districts owning wastewater treatment works may require capital improvements and/or increased annual operating expenses to meet the requirements of this rule change. Statewide costs for wastewater treatment works capital improvements are estimated to be $27,000,000 (FY2017 U.S. dollars) with increased annual operating cost of $5,100,000 total (FY2020 U.S. dollars) for 29 mechanical treatment plants serving approximately 700,000 effective residential units (ERU). Users of affected wastewater treatment systems on average will pay an additional $1.34 per month per ERU. These costs were adapted from "Statewide Nutrient Removal Cost Impact Study," Final Report, prepared for Utah Division of Water Quality (UDWQ) by CH2M-HILL, October 2010. In a companion study titled "Economic Benefits of Nutrient Reduction in Utah Waters," Final Report, completed for UDWQ by CH2M-HILL in April 2013, Utahns surveyed were willing to pay between $7 and $15 per month in higher utility bills to prevent further deterioration of water quality associated with nutrient pollution. Rural communities will, in general, not be affected by this change until they have grown by at least 25%. Treatment alternatives and optimization will then minimize future costs.

small businesses:

Average monthly sewer bills in non-rural cities, towns, and service districts may increase by $1.34 per month (FY2020 U.S. dollars). For small businesses, this additional cost equates to approximately $0.22 per employee per month. Optimization of treatment plant operations will reduce these costs.

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

Average monthly sewer bills in non-rural cities, towns, and service districts may increase by $1.34 per month with a maximum estimated increase of $4.30 per month (FY2020 U.S. dollars). Optimization of treatment plant operations will reduce these costs as much as 100 per cent.

Compliance costs for affected persons:

The affected persons will generally be those living in households in non-rural cities, towns, and service districts. In order to comply with this rule, the average monthly sewer bills for those households may increase by $1.34 per month. For average households this additional cost equates to approximately $0.40 per person per month (FY2020 U.S. dollars).

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

The proposed controls for phosphorus established by this action are achievable using current technologies employed in wastewater treatment in Utah and are consistent with controls implemented throughout the U.S. Current scientific understanding of the relationship between phosphorus loading and ecological response predicts a beneficial outcome, i.e., waters of the state will be preserved and protected for their designated beneficial uses. Few Utah businesses will be affected by this rule other than through sewer rates, which may increase by $0.22 per employee per month (FY2020 U.S. dollars) without treatment optimization. Two Utah industries that have the potential to discharge phosphorus into waters of the state were identified. JB Swift and Co. currently meets the proposed effluent limit of 1 mg/L due to TMDL restrictions, satisfying the first exception to the rule. ATK Launch Systems, adds phosphorus to its wastewater treatment system to promote biological treatment of a groundwater contaminant (perchlorate). ATK has indicated that it intends to pursue an exception to the rule. Treatment optimization may also be practical to minimize costs to this industry.

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:

08/01/2014

Interested persons may attend a public hearing regarding this rule:

  • 06/03/2014 07:00 PM, Central Valley Water Reclamation Facility, 800 W Central Valley Rd, South Salt Lake. UT
  • 07/09/2014 07:00 PM, Vernal City Hall, 374 E Main St, Vernal, UT
  • 06/12/2014 07:00 PM, Orem City Council Chambers, 56 N State St, Orem, UT
  • 06/24/2014 07:00 PM, Weber Basin Water Conservancy District, 2837 E Highway 193, Layton, UT
  • 06/19/2014 07:00 PM, Ash Creek SSD, 1350 S Sand Hollow Rd, Hurricane, UT
  • 07/17/2014 07:00 PM, Price City Hall, 185 E Main St, Price, UT

This rule may become effective on:

09/29/2014

Authorized by:

Walter Baker, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-1. Definitions and General Requirements.

R317-1-3. Requirements for Waste Discharges.

3.1 Compliance With Water Quality Standards.

All persons discharging wastes into any of the waters of the State shall provide the degree of wastewater treatment determined necessary to insure compliance with the requirements of Rule R317-2 [(]Water Quality Standards[)], except that the Director may waive compliance with these requirements for specific criteria listed in R317-2 where it is determined that the designated use is not being impaired or significant use improvement would not occur or where there is a reasonable question as to the validity of a specific criterion or for other valid reasons as determined by the Director.

3.2 Compliance With Secondary Treatment Requirements.

All persons discharging wastes from point sources into any of the waters of the State shall provide treatment processes which will produce secondary effluent meeting or exceeding the following effluent quality standards.

A. The arithmetic mean of BOD values determined on effluent samples collected during any 30-day period shall not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any 7-day period. In addition, if the treatment plant influent is of domestic or municipal sewage origin, the BOD values of effluent samples shall not be greater than 15% of the BOD values of influent samples collected in the same time period. As an alternative, if agreed to by the person discharging wastes, the following effluent quality standard may be established as a requirement of the discharge permit and must be met: The arithmetic mean of CBOD values determined on effluent samples collected during any 30-day period shall not exceed 20 mg/l nor shall the arithmetic mean exceed 30 mg/l during any 7-day period. In addition, if the treatment plant influent is of domestic or municipal sewage origin, the CBOD values of effluent samples shall not be greater than 15% of the CBOD values of influent samples collected in the same time period.

B. The arithmetic mean of SS values determined on effluent samples collected during any 30-day period shall not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any 7-day period. In addition, if the treatment plant influent is of domestic or municipal sewage origin, the SS values of effluent samples shall not be greater than 15% of the SS values of influent samples collected in the same time period.

C. The geometric mean of total coliform and fecal coliform bacteria in effluent samples collected during any 30-day period shall not exceed either 2000 per 100 ml or 200 per 100 ml respectively, nor shall the geometric mean exceed 2500 per 100 ml or 250 per 100 ml respectively, during any 7-day period; or, the geometric mean of E. coli bacteria in effluent samples collected during any 30-day period shall not exceed 126 per 100 ml nor shall the geometric mean exceed 158 per 100 ml respectively during any 7-day period. Exceptions to this requirement may be allowed by the Director where domestic wastewater is not a part of the effluent and where water quality standards are not violated.

D. The effluent values for pH shall be maintained within the limits of 6.5 and 9.0.

E. Exceptions to the 85% removal requirements may be allowed where infiltration makes such removal requirements infeasible and where water quality standards are not violated.

F. The Director may allow exceptions to the requirements of [(A), (B) and (D)]Subsections R317-1-3.2.A, R317-1-3.2.B, and R317-1-3.2.D [above ]where the discharge will be of short duration and where there will be of no significant detrimental [a]effect on receiving water quality or downstream beneficial uses.

G. The Director may allow that the BOD5 and TSS effluent concentrations for discharging domestic wastewater lagoons shall not exceed 45 mg/l for a monthly average nor 65 mg/l for a weekly average provided the following criteria are met:

1. [T]the lagoon system is operating within the organic and hydraulic design capacity established by Rule R317-3[,];

2. [T]the lagoon system is being properly operated and maintained[,];

3. [T]the treatment system is meeting all other permit limits[,];

4. [T]there are no significant or categorical industrial users (IU) defined by 40 CFR Part 403, unless it is demonstrated to the satisfaction of the Director that the IU is not contributing constituents in concentrations or quantities likely to significantly [e]affect the treatment works[,]; and

5. [A]a Waste Load Allocation (WLA) indicates that the increased permit limits would not impair beneficial uses of the receiving stream.

3.3 Technology-based Limits for Controlling Nutrient Pollution.

A. Total Phosphorus Limits

1. All non-lagoon treatment works discharging wastewater to surface waters of the state shall provide treatment processes which will produce effluent less than or equal to an annual mean of 1.0 mg/L for total phosphorus.

2. The phosphorus effluent limit identified in Subsection R317-1-3.3 shall be achieved by January 1, 2020.

B. Discharging Lagoons -Phosphorus Loading Cap

1. No technology-based effluent limit for phosphorus will be instituted for discharging treatment lagoons. Instead, each discharging lagoon will be evaluated to determine the current annual average total phosphorus load based on average flows and concentrations. Absent field data to determine these loads, they will be estimated by the Division.

2. A cap of 125% times the current average annual total phosphorus load will be established. Once the lagoon's phosphorus caps have been reached the owner of the facility will have five years to construct treatment processes or implement treatment alternatives to prevent the total phosphorus loading cap from being exceeded.

C. Exceptions

1. Where an existing TMDL has allocated a total phosphorus wasteload to a treatment works, no technology-based limit or loading cap, as applicable, for total phosphorus will be applied.

2. If the owner of a discharging treatment works can demonstrate that the discharge from the treatment works will not increase the total phosphorus concentration in the receiving water beyond 10%, no technology-based limit or loading cap, as applicable, for total phosphorus will be applied.

3. If the owner of a discharging treatment works can demonstrate that imposing a technology-based limit or loading cap for phosphorus would result in an economic hardship for the users of the treatment works, no technology-based limit or loading cap for phosphorus will be applied. "Economic hardship" is defined as sewer service fees, as a result of implementing a technology-based limit or loading cap for phosphorus, being greater than 1.4% of the median adjusted gross household income of the service area based on the latest information compiled by the Utah Tax Commission.

4. If the owner of a discharging treatment works can demonstrate that the technology-based limit identified in Subsection R317-1-3.3.A, or the loading cap identified in Subsection R317-1-3.3.B, are clearly unnecessary to protect waters downstream from the point of discharge, the technology-based limit or the loading cap, as applicable, will not be applied.

D. For treatment works required to implement technology-based limits or a loading cap for total phosphorus, the demonstration under Subsection R317-1-3.3.C must be made by January 1, 2018. Unless this demonstration is made, the owner of the treatment works must proceed to implement the technology-based limit or loading cap, as applicable, in accordance with, respectively, Subsections R317-1-3.3.A and R317-1-3.3.B.

E. Monitoring

1. All discharging treatment works with reasonable potential to discharge nitrogen or phosphorus are required to implement, at a minimum, influent monitoring for total phosphorus and total Kjeldahl nitrogen concentrations, and effluent monitoring for total phosphorus, ammonium (as N), ortho phosphorus, nitrate-nitrite (as N) and total Kjeldahl nitrogen, as follows:

a. annually for treatment works with flows less than 1 mgd;

b. quarterly for treatment works with flows greater than 1 mgd and less than 5 mgd; or

c. monthly for treatment works with flows greater than 5 mgd

2. All monitoring under Subsection R317-1-3.3.E shall be based on 24-hour composite samples.

3. These monitoring requirements shall be self-implementing beginning January 1, 2015.[Extensions To Deadlines For Compliance.

The Director may, upon application of a waste discharger, allow extensions to the compliance deadlines in Section 1.3.2 above where it can be shown that despite good faith effort, construction cannot be completed within the time required.]

3.4 Pollutants In Diverted Water Returned To Stream.

A user of surface water diverted from waters of the State will not be required to remove any pollutants which such user has not added before returning the diverted flow to the original watercourse, provided there is no increase in concentration of pollutants in the diverted water. Should the pollutant constituent concentration of the intake surface waters to a facility exceed the effluent limitations for such facility under a federal National Pollutant Discharge Elimination System permit or a permit issued pursuant to State authority, then the effluent limitations shall become equal to the constituent concentrations in the intake surface waters of such facility. This section does not apply to irrigation return flow.

 

KEY: water pollution, waste disposal, [industrial waste]nutrient limits, effluent standards

Date of Enactment or Last Substantive Amendment: 2014

Notice of Continuation: October 2, 2012

Authorizing, and Implemented or Interpreted Law: 19-5

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact 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.  For questions about the rulemaking process, please contact the Division of Administrative Rules.