DAR File No. 39981

Environmental Quality, Water Quality

Section R317-1-3

Requirements for Waste Discharges

Notice of Proposed Rule

(Amendment)

DAR File No.: 39981
Filed: 12/08/2015 08:47:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment would modify Section R317-1-3 to address comments received from the regulated community regarding the timeline for rule implementation. The proposed amendment also incorporates a voluntary wastewater treatment optimization element designed to encourage nitrogen pollution reductions. Additionally, the proposed amendment provides clarification to the phosphorus discharge cap basis, its implementation schedule, and to the requirements for manual collection of composite samples. Minor formatting changes to the rule have also been included with the amendment.

Summary of the rule or change:

The proposed amendment consists of four principal modifications to current Subsection R317-1-3(3) and some minor formatting changes: 1) the proposed amendment allows a variance for up to five years, until 01/01/2025, for facilities that exercise "due diligence" in pursuing implementation of the TBPEL but, in spite of their diligence, would be unable to achieve the effluent limit of 1.0 mg/L total phosphorus by 01/01/2020; 2) the proposed amendment provides a waiver of up to ten years from future nitrogen regulation to dischargers who voluntarily reduce nitrogen discharges to agreeable levels prior to 01/01/2020. The goal of this waiver is to effect early, significant nitrogen reductions in discharges by facilities capable of doing so economically. Facilities that can voluntarily reduce nitrogen discharges will be able to defer major construction improvements and costs by adopting relatively minor "nitrogen optimization" improvements early. Where this waiver is employed, there will be a long-term benefit to both the receiving water quality and to the pollution control facility; 3) the proposed amendment provides clarification to the phosphorus discharge cap basis and its implementation schedule, which had not been specified in the original rule. The intent of these changes is to clarify that annual averaging over the first three years of phosphorus self-implementing monitoring will be used to establish effluent mass loading caps in pounds per day for discharging lagoon facilities; and 4) a minor modification to the requirements for manual composite sample collection and preparation is proposed as a clarification.

State statutory or constitutional authorization for this rule:

• Title 19, Chapter 5

Anticipated cost or savings to:

the state budget:

The proposed changes are not anticipated to affect the state budget since no additional state resources are required for implementation.

local governments:

Local governments that could be affected by the proposed amendment are municipalities and districts that own wastewater treatment works. The cost or savings to local governments depends on their eligibility for the proposed "due diligence" variance and "nitrogen optimization" waiver, outlined in summary items 1) and 2) above. In 1), the case of the due diligence variance, a maximum aggregate savings of $4,360,000 per year for up to 5 years could result from the variance. The most likely savings from this variance would be $2,760,000 per year for up to 5 years based on known infrastructure needs, size, and complexity. Statewide the savings to local government is predicted to be $13,800,000. Capital costs associated with the due diligence variance are neutral, with scale economy savings balancing with inflationary costs. In 2), the nitrogen optimization waiver will provide a savings or be cost neutral to local government. Engineering and operations costs required for implementation of process modifications will be offset by reduced energy costs at facilities with treatment technology that can be most easily adapted for nitrogen removal. The cost to local government to implement more complicated operations will be offset by savings from deferral of capital improvement costs provided through the waiver, resulting in a most likely cost neutral impact.

small businesses:

There are no additional costs or savings to small business anticipated as a result of the proposed changes.

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

There are no additional costs or savings to persons anticipated as a result of the proposed changes.

Compliance costs for affected persons:

This amendment does not change the compliance costs for affected persons.

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

The intent of the proposed amendment is to assist local governments to implement existing water quality protection rules economically. Many Utah wastewater treatment works have urgent needs to expand in response to growing service area populations and equally urgent needs to upgrade old infrastructure and technology. The aggregate cost to meet these current needs will exceed $1,000,000,000 over the next 20 years. Incorporating modern technology to remove phosphorus in conjunction with already planned infrastructure upgrades will minimize the long-term cost of protecting the state's waters from nutrient pollution, ensuring that businesses will continue to have among the lowest utility costs in the nation and high quality water for production and quality of life uses.

Alan Matheson, 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:

02/01/2016

This rule may become effective on:

02/08/2016

Authorized by:

Walter Baker, Director

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 Rule 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]mg/L, nor shall the arithmetic mean exceed 35 [mg/l]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]mg/L nor shall the arithmetic mean exceed 30 [mg/l]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]mg/L, nor shall the arithmetic mean exceed 35 [mg/l]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]mL or 200 per 100 [ml]mL respectively, nor shall the geometric mean exceed 2500 per 100 [ml]mL or 250 per 100 [ml]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]mL nor shall the geometric mean exceed 158 per 100 [ml]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 Subsections R317-1-3.2.A, R317-1-3.2.B, and R317-1-3.2.D where the discharge will be of short duration and where there will be no significant detrimental 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]mg/L for a monthly average nor 65 [mg/l]mg/L for a weekly average provided the following criteria are met:

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

2. the lagoon system is being properly operated and maintained;

3. the treatment system is meeting all other permit limits;

4. 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 affect the treatment works; and

5. 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 Phosphorus Pollution.

A. Technology-based Phosphorus Effluent Limits (TBPEL)

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 TBPEL shall be achieved by January 1, 2020, or no later than January 1, 2025, after a variance has been granted under Subsection R317-1-3.3.C.1.e.

B. Discharging Lagoons -Phosphorus Loading Cap

1. No TBPEL will be instituted for discharging treatment lagoons. Instead, each discharging lagoon will be evaluated to determine the current annual average total phosphorus load measured in pounds per year based on monthly average flow[s] rates and concentrations. Absent field data to determine these loads, and in case of intermittent discharging lagoons, [they] the phosphorus load cap will be estimated by the [Division]Director.

2. A cap of 125% [times]of the current [average ]annual total phosphorus load will be established and referred to as phosphorus loading cap. Once the lagoon's phosphorus loading cap has 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.

3. The load cap shall become effective July 1, 2018.

C. Variances for TBPEL and Phosphorus Loading Caps

1. The Director may authorize a variance to the TBPEL or phosphorus loading cap under any of the following conditions:

a. Where an existing TMDL has allocated a total phosphorus wasteload to a treatment works, no TBPEL or phosphorus loading cap, as applicable, will be applied.

b. If the owner of a discharging treatment works can demonstrate that imposing the TBPEL or phosphorus loading cap would result in an economic hardship, an alternative TBPEL or phosphorus loading cap that would not cause economic hardship may be applied. "Economic hardship" for a publicly owned treatment works is defined as sewer service costs that, as a result of implementing a TBPEL or phosphorus loading cap, would be greater than 1.4% of the median adjusted gross household income of the service area based on the latest information compiled by the Utah State Tax Commission, after inclusion of grants, loans, or other funding made available by the Utah Water Quality Board or other sources. The Director will consider other demonstrations of economic hardship on a case-by-case basis.

c. If the owner of a discharging treatment works can demonstrate that the TBPEL or phosphorus loading cap are clearly unnecessary to protect waters downstream from the point of discharge, no TBPEL or phosphorus loading cap will be applied.

d. If the owner of the discharging treatment works can demonstrate that a commensurate phosphorus reduction can be achieved in receiving waters using innovative alternative approaches such as water quality trading, seasonal offsets, effluent reuse, or land application.

e. Where the owner of a non-lagoon discharging treatment works demonstrates due diligence toward construction of a treatment facility designed to meet the TBPEL, the compliance date shall be no later than January 1, 2025.

2. All variances to TBPEL and phosphorus loading caps shall be revisited [periodically]no more frequently than every five years, or when a substantive change in facility operations or a substantive facility upgrade occurs, to determine if the rationale used to justify the conditions in Subsection R317-1-3.3.C remains applicable.

3. For treatment works required to implement TBPEL or a phosphorus loading cap, 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 discharging treatment works must proceed to implement the TBPEL or phosphorus loading cap, as applicable, in accordance with, respectively, Subsections R317-1-3.3.A and R317-1-3.3.B.

D. Facility Optimization to Remove Total Inorganic Nitrogen

1. If the owner of a discharging treatment works agrees to optimize the owner's facility, either through operational changes, a capital construction project, or both, to reduce effluent total inorganic nitrogen concentrations to a level agreeable to the Director, a waiver of up to ten years from meeting either water quality-based effluent limits or technology-based effluent limits for total inorganic nitrogen will be granted. This includes meeting any total inorganic nitrogen limit that may result from a TMDL or other water quality study that is specific to the receiving water of the treatment works.

2. The waiver period under this section would begin upon implementation of the optimization improvements or another date agreed to by the owner of the treatment works and the Director.

3. The elements of the waiver under this section will be identified in a compliance agreement that will be incorporated into the facility's UPDES permit.

4. The waiver identified under this section must be granted before January 1, 2020. Thereafter, no such waiver will be considered or granted.

[D]E. Monitoring

1. All discharging treatment works are required to implement, at a minimum, monthly monitoring of:

a. influent for total phosphorus (as P) and total Kjeldahl nitrogen (as N) concentrations; and

b. effluent for total phosphorus and orthophosphate (as P), and ammonia, nitrate-nitrite, and total Kjeldahl nitrogen (as N).

2. The Director may authorize a variance to the monitoring requirements identified in Subsection R317-1-3.3.D.1.

3. All monitoring under Subsection R317-1-3.3.D shall be based on 24-hour composite samples by use of an automatic sampler or by combining a minimum of four grab samples collected [a minimum of]at least two hours apart within a 24-hour period.

4. These monitoring requirements shall be self-implementing beginning July 1, 2015.

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, nutrient limits, effluent standards

Date of Enactment or Last Substantive Amendment: [January 1, 2015]2016

Notice of Continuation: October 2, 2012

Authorizing, and Implemented or Interpreted Law: 19-5