DAR File No. 42692

Environmental Quality, Water Quality

Section R317-1-7

TMDLs

Notice of Proposed Rule

(Amendment)

DAR File No.: 42692
Filed: 03/15/2018 10:40:35 AM

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 Total Maximum Daily Load (TMDL) study for the North Fork Virgin River for E. coli as approved by the Water Quality Board.

Summary of the rule or change:

This change incorporates by reference the completed the North Fork Virgin River TMDL for E. coli into the rule. The Water Quality Board approved initiating rulemaking to adopt this TMDL document on 02/28/2018.

Statutory or constitutional authorization for this rule:

• Section 19-5-105
• Section 19-5-104

This rule or change incorporates by reference the following material:

• Adds TMDL for Escherichia coli (E. coli) in the North Fork Virgin River Watershed, published by Division of Water Quality, 05/23/2018

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:

All estimated costs for implementing this TMDL are associated with strategies that are voluntary. It is not anticipated that local governments will be affected.

small businesses:

All estimated costs for implementing this TMDL are associated with strategies that are voluntary. It is not anticipated that small businesses will be affected.

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

Best management practices implemented in the watershed since 2010 are resulting in improved water quality. It is anticipated that if those practices are well managed and maintained then water quality standards will be met. The study includes general recommendations for additional voluntary strategies and management options for reducing sources of bacteria loading in the watershed. It does not identify specific projects and locations. As such, no estimated costs for implementation were calculated.

Compliance costs for affected persons:

All strategies are voluntary; therefore compliance costs do not apply. There are no permitted point source discharges within the watershed. All loading is nonpoint source in origin.

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 TMDL. Potential strategies and management options for reducing non-point sources of pollutants are identified, but are not specifically mandated.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

05/01/2018

This rule may become effective on:

05/23/2018

Authorized by:

Erica Gaddis, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There is no anticipated regulatory impact to Non-small businesses within the North Fork Virgin River watershed.

 

Best management practices implemented in the North Fork Virgin River watershed since 2010 are resulting in improved water quality. It is anticipated that if those practices are well managed and maintained then water quality standards will be met.

 

The study includes general recommendations for additional voluntary strategies and management options for reducing sources of bacteria loading in the watershed. It does not identify specific projects and locations. As such, no estimated costs for implementation were calculated.

 

Recreation associated with North Fork Virgin River is an important component of tourism in the communities surrounding Zion National Park. While current visitation has not been impacted by water quality concerns in the North Fork Virgin River the recommendations and findings of this Total Maximum Daily Load water quality study will help ensure protection of public health and future economic benefits associated with visitation to Zion National Park.

 

The following businesses may experience a fiscal benefit as a result of increased visitation in the area: 7211-Traveler Accommodation, 7221-Full-Service Restaurants, and 7139-Other Amusement and Recreation Industries.

 

The head of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

 

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

7.62 Echo Reservoir -- March 26, 2014

7.63 Rockport Reservoir -- March 26, 2014

7.64 Nine Mile Creek -- October 27, 2016

7.65 North Fork Virgin River -- May 23, 2018

 

KEY: [expedited, negotiations, penalty, settlement]TMDL, water pollution

Date of Enactment or Last Substantive Amendment: [January 1], 2018

Notice of Continuation: August 30, 2017

Authorizing, and Implemented or Interpreted Law: 19-5