DAR File No. 43586
This rule was published in the April 1, 2019, issue (Vol. 2019, No. 7) of the Utah State Bulletin.
Environmental Quality, Water Quality
Rule R317-2
Standards of Quality for Waters of the State
Notice of Proposed Rule
(Amendment)
DAR File No.: 43586
Filed: 03/15/2019 01:11:02 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is being changed to update formatting; correct errors; add a potable water designated use to Sheep Creek requested by a homeowners association; revise the total dissolved solids criterion for Silver Creek to resolve the existing water quality impairment; update the aquatic life ammonia criteria for a section of the Jordan River to be less stringent; provide flexibility for field methods in Section R317-2-10; and apply nutrient criteria to specific Category 1 and Category 2 waters to protect the recreational and aquatic life uses.
Summary of the rule or change:
LABORATORY AND FIELD ANALYSES: In Section R317-2-10, a clause was added to provide flexibility of field methods that are different than Division of Water Quality standard procedures. SHEEP CREEK USE CHANGE: The Class 1C designated use (drinking water source) was applied to Sheep Creek, Cache County based on a request from a homeowners association and the Utah Division of Drinking Water. SILVER CREEK TDS CRITERION: The total dissolved solids (TDS) criterion was revised for upper Silver Creek in Summit County from 1,200 mg/L to 1,900 mg/L in Table 2.14.1. JORDAN RIVER AMMONIA CRITERIA: The aquatic life criteria for ammonia for segments of the Jordan River, Surplus Canal, and Mill Creek, Salt Lake County were changed based on updated information regarding the toxicity of ammonia and studies characterizing the aquatic life in these segments in Table 2.14.2. NUTRIENT CRITERIA: In Section R317-2-14 (Numeric Criteria), new Table 2.14.7 was added for nutrient criteria applicable to Antidegradation Category 1 and 2 waters statewide. These criteria are needed to ensure that Utah's headwaters continue to deliver high quality water to, for instance, drinking water. Nitrogen and phosphorus (nutrients) criteria were developed and applied to Category 1 and Category 2 waters in new Tables 2.14.7 and 2.14.8. UPDATES AND CORRECTIONS: In Section R317-2-14, Tables 2.14.1 and 2.14.6, several corrections were made to the statewide human health criteria. The aquatic life cadmium chronic criterion formula was corrected. The corrections to Tables 2.14.1, 2.14.2 and 2.14.6 were because the 2018 revisions (Utah State Bulletin, No. 2018-7, April 1, 2018, Filing No. 42691) were not implemented as intended.
Statutory or constitutional authorization for this rule:
- 40 CFR Part 131
- Title 19, Chapter 5
This rule or change incorporates by reference the following material:
- Adds Table 8, Decision Matrix That Will Be Used to Assess Support of Headwater Aquatic Life Uses for Nutrient-related Water Quality Problems, "Proposed Nutrient Criteria: Utah Headwater Streams", published by Utah Division of Water Quality, 03/01/2019
Anticipated cost or savings to:
the state budget:
SUMMARY: No direct costs will be incurred by state agencies because no state agency is a constrained party. The Utah Division of Water Quality will incur indirect costs that are estimated to be a one-time cost of $6,400 and aggregate annual costs of $4,500 over the next 3 years ($8,000/year of increased costs associated with nutrient criteria monitoring offset by $6,500/year of cost savings associated with reduced monitoring on Silver Creek). These costs will be absorbed through agency process efficiencies. LABORATORY AND FIELD ANALYSES: The proposed revision to Section R317-2-10 Laboratory and Field Analyses is cost neutral or will cause indirect costs for state agencies. The indirect costs would be to the Division of Water Quality for the staff time required to review the alternative methods allowed by the proposed revision. The indirect costs are inestimable because no data is available regarding how many alternative methods may be proposed by entities external to the Division of Water Quality. Currently, this type of request is infrequent but is estimated to require 120 hours of staff time at $100/hr for review should any methods be submitted for approval. No requests are anticipated over the next three years. SHEEP CREEK USE CHANGE: The addition of the Class 1C use to Sheep Creek is cost neutral because no additional resources are required for its implementation. SILVER CREEK TDS CRITERION: The proposed TDS criterion for upper Silver Creek will result in ongoing indirect benefits of $6,500 annually for the Utah Division of Water Quality, which is deducted from annual costs for purposes of overall evaluation of these proposed changes to this rule. These savings are based on the resolution of the existing TDS water quality impairment and an elimination of 8 sampling trips per year, 8 hours per trip specifically for TDS measurements, at $100/hr. JORDAN RIVER AMMONIA CRITERIA: The proposed ammonia criteria for segments of the Jordan River, Surplus Canal, and Mill Creek are cost neutral because no additional resources will be required for their implementation. NUTRIENT CRITERIA: The proposed nutrient criteria in Section R317-2-14 will result in net one-time and ongoing indirect costs to the Division of Water Quality. The one-time costs will be to update the use classifications and criteria in various internal systems. The one-time indirect fiscal impacts will be $1,400 assuming four hours to update each of the four databases at $100/hr and $5,000 for 5 new probes to measure ecosystem respiration and gross primary production. Anticipated ongoing indirect costs are for the implementation of new sampling and analysis methods to support assessment of the proposed nutrient criteria and are estimated to be $24,000 over the next 3 years ($8,000/year). The nutrient criteria require new measures of gross primary production, ecosystem respiration and filamentous algae. Costs are dependent on the number of sites sampled which depends on the available existing resources. Additional labor costs associated with the collection of requisite data is estimated based on an average of 40 site visits and an additional 0.5 hourS for a field crew of 2 on each visitation; and 4 hours for one staff for calculating and processing the gross primary production and ecosystem respiration data for approximately 10 sites annually, resulting in an annual expense of approximately $8,000. If water quality impairments are identified by the nutrient criteria, the Division of Water Quality will incur inestimable indirect costs to further investigate and if appropriate, restore the impaired water quality. Long term costs to the Division of Water Quality to address nutrient-related impairments are also inestimable because actions taken are situational and often deferred by state or federal grants. The proposed nutrient criteria in Section R317-2-14 may result in indirect inestimable costs to state of Utah land management agencies. These agencies are not constrained parties, but water quality nutrient impairments could potentially result in increased costs associated with nutrient management. However, these impacts are unlikely to be significant because the affected activities have to occur in an area co-located with an impaired stream and have been demonstrated to be contributing to the impairment as a source of nitrogen or phosphorus to the stream. Further, implementation measures to address nonpoint sources of pollution are voluntary and are often offset by state and federal nonpoint source grants. New impairments resulting from the proposed nutrient criteria are not anticipated over the next three years, because the Division of Water Quality has a biannual reporting cycle for making impairment determinations, with the first report relevant to these criteria planned for 2022. Plans to restore impairments cannot be developed or implemented until impaired waters are identified. As a result, immediate costs associated with new impairments are anticipated to be neutral, exceptions being inestimable. Once impairment decisions are ultimately made, additional indirect costs are inestimable, but likely to be relatively small in size and scope. Based on currently available data, approximately 10-15% of the affected streams may ultimately be classified as impaired, meaning water quality does not meet the proposed nutrient criteria, but these estimates are statistical and additional indirect expense increases, if any, are expected to vary considerably on a case-by-case basis. Even for potentially affected activities that are co-located on an impaired stream, increased indirect costs are not inevitable. Impairment determinations trigger additional investigations that are conducted by the Utah Division of Water Quality or other interested parties. Only after the additional investigations, is a final determination made regarding impairment and sources of nutrient pollution. For those activities ultimately found to be contributing to a nutrient-related impairment as a source of nitrogen and phosphorus, costs are inestimable because there are generally many ways that their contribution to the impairment can be resolved, some of which may be revenue neutral. Given the relatively small number of anticipated impairments and the voluntary nature of implementation measures, the proposed nutrient criteria will be revenue neutral. UPDATES AND CORRECTIONS: There are no costs or benefits associated with the remaining updates and corrections to Section R317-2-14.
local governments:
SUMMARY: The impact of these proposed changes on local governments are inestimable benefits. LABORATORY AND FIELD ANALYSES: Local governments are not constrained parties for the proposed revision to Section R317-2-10 because local governments are not required to conduct field analyses. For indirect effects to local governments, the proposed revision is cost neutral or will have inestimable benefits. The proposed revision provides optional flexibility on acceptable analytical methods that the Division of Water Quality is willing to use to interpret water quality regulations. Presumably, local governments will only exercise this option to submit alternative methods for agency approval if it is cost neutral or a benefit. No data is available to estimate the frequency or specifics of these potential requests. SHEEP CREEK USE CHANGE: The impacts are neutral for the addition of the Class 1C use to Sheep Creek in Section R317-2-13 because no local governments are constrained or affected. SILVER CREEK TDS CRITERION: The Snyderville Basin Water Reclamation District (District) and Park City are the constrained parties for the proposed site-specific TDS criterion. The proposed TDS criterion is less stringent than the existing criterion and will result in benefits that are inestimable. Under the existing TDS criterion, additional treatment to comply was estimated by the District to be $120,873,000 in capital costs and $2,710,000 for annual operating costs using 2013 dollars. The estimates did not include disposal of the brine waste that would be generated by the treatment process which is expected to be a significant additional cost. These treatment cost estimates are expected to meet the threshold that would cause widespread social and economic harm for compliance. Treatment is not required above this social and economic harm threshold under either federal or Utah requirements. The actual realized benefits are inestimable because the economic analyses are unavailable to calculate an accurate cost savings; that is, based on avoiding economic harm, how much the District would have had to spend for compliance; but the proposed changes would result in considerable savings to the District. The impacts to the other constrained party, Park City, are neutral because their permitted discharges are below the existing TDS criterion and are unaffected by the change in rule. JORDAN RIVER AMMONIA CRITERIA: The Central Valley Water Reclamation Facility (CVWRF) is the only constrained local government affected by the Jordan River, Surplus Canal, and Mill Creek ammonia criteria in Section R317-2-14. The proposed ammonia criteria are less stringent than the existing criteria and will result in inestimable compliance benefits. Less stringent criteria will result in less stringent effluent limits but ammonia effluent limits are also dependent on quantity of water available for dilution, ambient ammonia concentrations in the receiving waters, pH of the receiving waters, and temperature of the receiving waters. These other factors may result in higher or lower effluent limits but in all cases, the effluent limits will be less stringent than they would be under the existing ammonia criteria and under newly promulgated federal ammonia criteria. Over the next three years, the indirect cost impacts are anticipated to be neutral. However, under the less stringent proposed ammonia criteria, CVWRF anticipates delaying or avoiding significant future capital and operational costs that could be required for the treatment of ammonia compared to the existing ammonia criteria. For instance, capital costs for aeration tank and blower capacity expansion required to meet a lower ammonia criteria are estimated to be $10,000,000 to $15,000,000. NUTRIENT CRITERIA: Local governments are not constrained parties for the proposed nutrient criteria in Tables 2.14.7 and 2.14.8 because this rule does not apply to any stream that receives a municipal discharge. All 29 of Utah's counties include some Category 1 or Category 2 waters. Indirect impacts will be neutral or inestimable benefits. The inestimable indirect benefits are based on the potential future avoidance of additional treatment costs for drinking water or obtaining alternative sources of drinking water because of adverse nutrient-related impacts. Many nutrient-related effects have been demonstrated to have adverse impacts to recreation, so municipalities with economies that are heavily dependent on outdoor recreation may experience inestimable benefits if these rules prevent or diminish these problems. UPDATES AND CORRECTIONS: The proposed revisions to Table 2.14.6 are statewide, therefore publicly-owned treatment works are constrained parties. Local governments that operate sewer collection systems only, having no treatment works, may be indirectly affected. The impacts for both direct and indirect impacts are neutral because no local government currently has limits for these specific pollutants and this status is not expected to change.
small businesses:
SUMMARY: The impact of these proposed changes on small businesses are neutral or will result in inestimable costs. LABORATORY AND FIELD ANALYSES: Small businesses are not constrained parties for the proposed revision to Section R317-2-10 Laboratory and Field Analyses because small businesses are not required to conduct field analyses. For indirect effects to small businesses, the proposed revision is cost neutral or will have inestimable benefits. The proposed revision provides optional flexibility. Presumably, small businesses will only exercise these options if they are cost neutral or a benefit. No data is available to estimate the frequency or specifics of these potential requests. SHEEP CREEK USE CHANGE: The impacts are neutral for the addition of the Class 1C use to Sheep Creek in Section R317-2-13 because no small businesses are constrained or affected. SILVER CREEK TDS CRITERION: No small businesses are constrained by the proposed Silver Creek TDS criteria in Section R317-2-14 and direct effects are neutral because no small businesses have TDS effluent limits for the affected waters. Small businesses discharging to publically-owned treatment works may be affected indirectly if they discharge high levels of TDS. These indirect costs are inestimable because no small businesses currently have pretreatment limits for TDS. JORDAN RIVER AMMONIA CRITERIA: No small businesses are constrained by the proposed Jordan River ammonia criteria in Section R317-2-14 and direct effects are neutral because no small businesses have ammonia effluent limits for the affected waters. Small businesses discharging to CVWRF may be affected indirectly if they discharge high levels of ammonia. These indirect costs are inestimable because no small businesses currently discharging to CVWRF have pretreatment limits for ammonia. NUTRIENT CRITERIA: Small businesses are not constrained parties by the proposed nutrient criteria in Section R317-2-14. Small businesses could be impacted by indirect costs due to actions by federal or state land management agencies. These agencies grant leases and permits (hereafter in this section, permits refers to both) for small businesses to conduct activities such as recreation, oil and gas exploration and production, mining, timber harvesting, and grazing on state or federal lands. The land management agencies may elect to modify their leasing or permitting programs to implement best management practices (BMPs) if the activity is determined to cause or contribute to a nutrient impairment and these modifications may result in neutral impacts or increased indirect costs to the permittees. However, these impacts are unlikely to be significant because the affected permitted activities would have to occur in an area co-located with an impaired stream and have been demonstrated to be contributing to the impairment as a source of nitrogen or phosphorus to the stream. Further, implementation measures to address nonpoint sources of pollution are voluntary and are often offset by state and federal nonpoint source grants. New impairments resulting from the proposed nutrient criteria are not anticipated over the next three years, because the Division of Water Quality has a biannual reporting cycle for making impairment determinations, with the first report relevant to these criteria planned for 2022. Plans to restore impairments cannot be developed or implemented until impaired waters are identified. As a result, immediate costs associated with new impairments are anticipated to be neutral, exceptions being inestimable. Once impairment decisions are ultimately made, additional indirect costs to permittees are inestimable, but likely to be relatively small in size and scope. Based on currently available data, approximately 10-15% of the affected streams may ultimately be classified as impaired, defined as water quality not meeting the proposed nutrient criteria, but these estimates are statistical and additional indirect expense increases, if any, are expected to vary considerably on a case-by-case basis. Even for potentially affected permittees that are co-located on an impaired stream, increased indirect costs are not inevitable. Impairment determinations trigger additional investigations that are conducted by the Utah Division of Water Quality or other interested parties. Only after the additional investigations, is a final determination made regarding impairment and sources of nutrient pollution. For those permittees ultimately found to be contributing to a nutrient-related impairment as a source of nitrogen and phosphorus, costs are inestimable because there are generally many ways that their contribution to the impairment can be resolved, some of which may be revenue neutral. Costs for other remediation options are often offset through state and federal grants. Interested parties will generally evaluate all possible solutions when crafting restoration plans, and will attempt to select the most cost-effective solutions that are likely to lead to desired water quality improvements. Given the relatively small number of anticipated impairments and the voluntary nature of implementation measures, the proposed nutrient criteria are most likely to be revenue neutral. UPDATES AND CORRECTIONS: There are no costs or benefits associated with the remaining updates and corrections to Section R317-2-14.
persons other than small businesses, businesses, or local governmental entities:
SUMMARY: The impact of these proposed changes are neutral or will result in inestimable indirect costs for other persons. LABORATORY AND FIELD ANALYSES: Other persons are not constrained parties for the proposed revision to Section R317-2-10 Laboratory and Field Analyses because they are not required to conduct field analyses. SHEEP CREEK USE CHANGE: Indirect impacts are neutral or positive for the addition of the Class 1C use to Sheep Creek in Section R317-2-13 because no persons are constrained. The residents comprising the homeowners association that requested change may have indirect savings because of costs avoided for water treatment or for health care costs from ingesting contaminated drinking water. These indirect savings are inestimable because these are potential future savings since the affected waters currently meet the drinking water requirements. The indirect cost impacts will be neutral for the affected homeowners association that requested the change because the creek currently is meeting the Class 1C requirements. SILVER CREEK TDS CRITERION: The proposed TDS criterion for Silver Creek in Section R317-2-14 does not affect any other persons. JORDAN RIVER AMMONIA CRITERIA: The proposed ammonia criteria for the Jordan River in Section R317-2-14 do not affect any other persons. NUTRIENT CRITERIA: No constrained other persons are affected by the proposed nutrient criteria in Section R317-2-14. Other persons could be impacted by indirect costs due to actions by state or federal land management agencies. These agencies grant leases and permits (hereafter in this section, permits refers to both) for other persons to conduct activities such as recreation, oil and gas exploration and production, mining, timber harvesting, and grazing on state or federal lands. The land management agency may elect to modify their leasing or permitting programs to implement BMPs if the activity is determined to cause or contribute to a nutrient impairment and these modifications may result in neutral impacts or increased indirect costs to the permittees. However, these impacts are unlikely to be significant because the affected permitted activities would have to occur in an area co-located with an impaired stream and have been demonstrated to be contributing to the impairment as a source of nitrogen or phosphorus to the stream. Further, implementation measures to address nonpoint sources of pollution are voluntary and are often offset by state and federal nonpoint source grants. New impairments resulting from the proposed nutrient criteria are not anticipated over the next three years, because the Division of Water Quality has a biannual reporting cycle for making impairment determinations, with the first report relevant to these criteria planned for 2022. Plans to restore impairments cannot be developed or implemented until impaired waters are identified. As a result, immediate costs associated with new impairments are anticipated to be neutral, exceptions being inestimable. Once impairment decisions are ultimately made, additional indirect costs to permitted other persons are inestimable, but likely to be relatively small in size and scope. Based on currently available data, approximately 10-15% of the affected streams may ultimately be classified as impaired, meaning water quality is not meeting the proposed nutrient criteria, but these estimates are statistical and additional indirect expense increases, if any, are expected to vary considerably on a case-by-case basis. Even for potentially affected permitted persons that are co-located on an impaired stream, increased indirect costs are not inevitable. Impairment determinations trigger additional investigations that are conducted by the Utah Division of Water Quality or other interested parties. Only after the additional investigations, is a final determination made regarding impairment and sources of nutrient pollution. For those persons ultimately found to be contributing to a nutrient-related impairment as a source of nitrogen and phosphorus, costs are inestimable because there are generally many ways that their contribution to the impairment can be resolved, some of which may be revenue neutral. Costs of other remediation options with the potential to increase indirect costs are often offset through state and federal grants. Interested parties will generally evaluate all possible solutions when crafting restoration plans, and will attempt to select the most cost-effective solutions that are likely to lead to desired water quality improvements. Given the relatively small number of anticipated impairments and the voluntary nature of implementation measures, the proposed nutrient criteria are most likely to be revenue neutral. UPDATES AND CORRECTIONS: No other affected persons are identified for the remaining proposed changes.
Compliance costs for affected persons:
No estimable additional compliance costs are expected for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
For most of these proposed revisions, the fiscal impacts are revenue neutral or will result in modest cost savings for businesses. The proposed nutrient criteria have the potential to increase indirect costs for a small percentage of permittees on state or federal lands, although the amount cannot be estimated at this time. The Department is aware of these potential cost increases and is committed to working with interested parties to develop implementation approaches that minimize increases in indirect costs to the greatest extent possible.
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 QualityWater 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:
05/03/2019
Interested persons may attend a public hearing regarding this rule:
- 05/01/2019 06:00 PM, MASOB, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT
This rule may become effective on:
05/22/2019
Authorized by:
Erica Gaddis, Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
|
Nutrient Criteria |
|||
|
Fiscal Costs |
FY 2019 |
FY 2020 |
FY 2021 |
|
State Government |
$8,000 |
$14,400 |
$8,000 |
|
Local Government |
$0 |
$0 |
$0 |
|
Small Businesses |
$0 |
$0 |
$0 |
|
Non-Small Businesses |
$0 |
$0 |
$0 |
|
Other Person |
$0 |
$0 |
$0 |
|
Total Fiscal Costs: |
$8,000 |
$14,400 |
$8,000 |
|
|
|||
|
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: |
($8,000) |
($14,400) |
($8,000) |
|
Proposed rule changes excluding nutrient criteria |
|||
|
Fiscal Costs |
FY 2019 |
FY 2020 |
FY 2021 |
|
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 |
$6,500 |
$6,500 |
$6,500 |
|
Local Government |
$0 |
$0 |
$0 |
|
Small Businesses |
$0 |
$0 |
$0 |
|
Non-Small Businesses |
$0 |
$0 |
$0 |
|
Other Persons |
$0 |
$0 |
$0 |
|
Total Fiscal Benefits: |
$6,500 |
$6,500 |
$6,500 |
|
|
|||
|
Net Fiscal Benefits: |
$6,500 |
$6,500 |
$6,500 |
*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
The impact of these proposed changes are neutral or will result in inestimable indirect costs for non-small businesses. LABORATORY AND FIELD ANALYSES: Non-small businesses are not constrained parties for the proposed revision to Section R317-2-10 because non-small businesses are not required to conduct field analyses. For indirect effects to non-small businesses, the proposed revision is cost neutral or will have inestimable benefits. The proposed revision provides optional flexibility. Presumably, non-small businesses will only exercise these options if they are cost neutral or a benefit. No data is available to estimate the frequency or specifics of these potential requests. SHEEP CREEK USE CHANGE: The impacts are neutral for the addition of the Class 1C use to Sheep Creek in Section R317-2-13 because no non-small businesses are constrained or affected. SILVER CREEK TDS CRITERIA: The proposed revisions to Table 2.14.6 are neutral because no non-small businesses have effluent limits for TDS discharges to Silver Creek. Non-small businesses discharging to publically-owned treatment works may be affected indirectly if they discharge high levels of TDS. These indirect costs are inestimable because no non-small businesses discharging to the Silver Creek Water Reclamation Facility currently have pretreatment limits for TDS. JORDAN RIVER AMMONIA CRITERIA: No non-small businesses are constrained by the proposed Jordan River ammonia criteria in Section R317-2-14 and direct effects are neutral because no non-small businesses have ammonia effluent limits for the affected waters. Non-small businesses discharging to Central Valley Water Reclamation Facility may be affected indirectly if they discharge high levels of ammonia. These indirect costs are inestimable because no non-small businesses currently discharging to CVWRF have pretreatment limits for ammonia. NUTRIENT CRITERIA: State and Federal land management agencies are not constrained parties for the proposed nutrient criteria in Section R317-2-14, nor are other non-small businesses. Non-small businesses could be impacted by indirect costs due to actions by federal or state land management agencies. These agencies grant leases and permits (hereafter in this section, permits refers to both) for non-small businesses to conduct activities such as recreation, oil and gas exploration and production, mining, timber harvesting and grazing on state or federal lands. The land management agencies may elect to modify their leasing or permitting programs to implement best management practices (BMPs) if the activity is determined to cause or contribute to a nutrient impairment. These modifications may result in neutral impacts or increased indirect costs to the permittees. However, these impacts are unlikely to be significant because the affected permitted activities would have to occur in an area co-located with an impaired stream and have been demonstrated to be contributing to the impairment as a source of nitrogen or phosphorus to the stream. Further, implementation measures to address nonpoint sources of pollution are voluntary and are often offset by state and federal nonpoint source grants. New impairments resulting from the proposed nutrient criteria are not anticipated over the next three years, because the Division of Water Quality has a biannual reporting cycle for making impairment determinations, with the first report relevant to these criteria planned for 2022. Plans to restore impairments cannot be developed or implemented until impaired waters are identified. As a result, immediate costs associated with new impairments are anticipated to be neutral, exceptions being inestimable. Once impairment decisions are ultimately made, additional indirect costs to non-small business permittees are inestimable, but likely to be relatively small in size and scope. Based on currently available data, approximately 10-15% of the affected streams may ultimately be classified as impaired (water quality not meeting the proposed nutrient criteria), but these estimates are statistical and additional indirect expense increases, if any, are expected to vary considerably on a case-by-case basis. Even for potentially affected non-small business permittees that are co-located on an impaired stream, increased indirect costs are not inevitable. Impairment determinations trigger additional investigations that are conducted by the Utah Division of Water Quality or other interested parties. Only after the additional investigations, is a final determination made regarding impairment and sources of nutrient pollution. For those non-small businesses ultimately found to be contributing to a nutrient-related impairment as a source of nitrogen and phosphorus, costs are inestimable because there are generally many ways that their contribution to the impairment can be resolved, some of which may be revenue neutral. Costs for other remediation options are often offset through state and federal grants. Interested parties will generally evaluate all possible solutions when crafting restoration plans, and will attempt to select the most cost-effective solutions that are likely to lead to desired water quality improvements. Given the relatively small number of anticipated impairments and the voluntary nature of implementation measures, the proposed nutrient criteria are most likely to be revenue neutral. UPDATES AND CORRECTIONS: There are no costs associated with the remaining updates and corrections to Section R317-2-14.
R317. Environmental Quality, Water Quality.
R317-2. Standards of Quality for Waters of the State.
R317-2-10. Laboratory and Field Analyses.
10.1 Laboratory Analyses
All laboratory examinations of samples collected to determine compliance with these regulations shall be performed in accordance with standard procedures as approved by the Director by the Utah Office of State Health Laboratory , or by a laboratory certified by the Utah Department of Health.
10.2 Field Analyses
All field analyses to determine compliance with these rules shall be conducted in accordance with standard procedures specified by the Utah Division of Water Quality or with methods approved by the Director.
R317-2-13. Classification of Waters of the State (see R317-2-6).
[a. Colorado River Drainage
13.1 Upper Colorado River Basin
] 13.1 Upper Colorado River Basin
a. Colorado River Drainage
TABLE
Paria River and tributaries, from
state line to headwaters 2B 3C 4
All tributaries to Lake Powell
except as listed below: 2B 3B 4
Tributaries to Escalante River
from confluence with Boulder
Creek to headwaters, including
Boulder Creek 2B 3A 4
Dirty Devil River and tributaries,
from Lake Powell to Fremont River 2B 3C 4
Deer Creek and tributaries, from
confluence with Boulder Creek to
headwaters 2B 3A 4
Freemont River and tributaries from
confluence with Muddy Creek to
Capitol Reef National Park, except
as listed below: 1C 2B 3C 4
Pleasant Creek and tributaries,
from confluence with Fremont
River to East boundary of Capitol
Reef National Park 2B 3C 4
Pleasant Creek and tributaries,
from East boundary of Capitol
Reef National Park to headwaters 1C 2B 3A
Fremont River and tributaries,
through Capitol Reef National
Park to headwaters 1C 2A 3A 4
Muddy Creek and tributaries, from
Confluence with Fremont River to
Highway U-10 crossing, except as
listed below 2B 3C 4
Muddy Creek from confluence
with Fremont River to
confluence with Ivie Creek 2B 3C 4*
Muddy Creek and tributaries from
the confluence with Ivie Creek
to U-10 2B 3C 4*
Ivie Creek and its tributaries
from the confluence with Muddy
Creek to the confluence with
Quitchupah Creek 2B 3C 4*
Ivie Creek and its tributaries
from the confluence with
Quitchapah Creek to U-10,
except as listed below: 2B 3C 4*
Quitchupah Creek from the
confluence with Ivie Creek
to U-10 2B 3C 4*
Quitchupah Creek and
tributaries, from Highway
U-10 crossing to headwaters 2B 3A 4
Ivie Creek and tributaries,
from Highway U-10 to headwaters 2B 3A 4
Muddy Creek and tributaries, from
Highway U-10 crossing to headwaters 1C 2B 3A 4
San Juan River and tributaries from
Lake Powell to state line except as
listed below: 1C 2A 3B 4
Johnson Creek and tributaries,
from confluence with Recapture
Creek to headwaters 1C 2B 3A 4
Verdure Creek and tributaries,
from Highway US-191 crossing to
headwaters 2B 3A 4
North Creek and tributaries, from
confluence with Montezuma Creek
to headwaters 1C 2B 3A 4
South Creek and tributaries, from
confluence with Montezuma Creek
to headwaters 1C 2B 3A 4
Spring Creek and tributaries,
from confluence with Vega Creek
to headwaters 2B 3A 4
Montezuma Creek and tributaries,
from U.S. Highway 191 to
headwaters 1C 2B 3A 4
Colorado River and tributaries, from
Lake Powell to state line except
as listed below: 1C 2A 3B 4
Indian Creek and tributaries,
through Newspaper Rock State Park
to headwaters 1C 2B 3A 4
Kane Canyon Creek and tributaries,
from confluence with Colorado
River to headwaters 2B 3C 4
Mill Creek and tributaries, from
confluence with Colorado River to
headwaters 1C 2A 3A 4
Castle Creek from confluence with
the Colorado River to Seventh Day
Adventist Diversion 1C 2A 3B 4*
Onion Creek from the confluence
with Colorado River to road
crossing above Stinking Springs 1C 2A 3B 4*
Dolores River and tributaries,
from confluence with Colorado
River to state line 2B 3C 4
Roc Creek and tributaries, from
confluence with Dolores River to
headwaters 2B 3A 4
LaSal Creek and tributaries from
state line to headwaters 2B 3A 4
Lion Canyon Creek and tributaries,
from state line to headwaters 2B 3A 4
Little Dolores River and
tributaries, from confluence with
Colorado River to state line 2B 3C 4
Bitter Creek and tributaries,
from confluence with Colorado
River to headwaters 2B 3C 4
(*) Site-specific criteria are associated with this use.
. . . . . . .
13.3 Bear River Basin
a. Bear River Drainage
TABLE
Bear River and tributaries, from
Great Salt Lake to Utah-Idaho
border, except as listed below: 2B 3B 3D 4
Perry Canyon Creek from U.S.
Forest boundary to headwaters 2B 3A 4
Box Elder Creek from confluence
with Black Slough to Brigham City
Reservoir (Mayor's Pond) 2B 3C 4
Box Elder Creek, from Brigham
City Reservoir (Mayor's Pond)
to headwaters 2B 3A 4
Salt Creek from confluence with
Bear River to Crystal Hot Springs 2B 3B 3D
Malad River and tributaries, from
confluence with Bear River to
state line 2B 3C
Little Bear River and tributaries,
from Cutler Reservoir to
headwaters, except as listed below: 2B 3A 3D 4
South Fork Spring Creek from
confluence with Pelican Pond
Slough Stream to U.S. Highway 89 2B 3A 3D 4*
Logan River and tributaries, from
Cutler Reservoir to headwaters 2B 3A 3D 4
Blacksmith Fork and tributaries,
from confluence with Logan River
to headwaters, except as listed below 2B 3A 4
Sheep Creek and tributaries from Confluence with Blacksmith Fork River to headwaters 1C 2B 3A 4 Newton Creek and tributaries,
from Cutler Reservoir to Newton
Reservoir 2B 3A 4
Clarkston Creek and tributaries,
from Newton Reservoir to
headwaters 2B 3A 4
Birch Creek and tributaries, from
confluence with Clarkston Creek
to headwaters 2B 3A 4
Summit Creek and tributaries,
from confluence with Bear River
to headwaters 2B 3A 4
Cub River and tributaries, from
confluence with Bear River to
state line, except as listed below: 2B 3B 4
High Creek and tributaries
from confluence with Cub River
to headwaters 2B 3A 4
All tributaries to Bear Lake from
Bear Lake to headwaters, except as
listed below 2B 3A 4
Swan Springs tributary to Swan
Creek 1C 2B 3A
Bear River and tributaries in
Rich County 2B 3A 4
Bear River and tributaries, from
Utah-Wyoming state line to
headwaters (Summit County) 2B 3A 4
Mill Creek and tributaries, from
state line to headwaters (Summit
County) 2B 3A 4
(*) Site-specific criteria are associated with this use.
13.4 Weber River Basin
a. Weber River Drainage
TABLE
Willard Creek, from Willard Bay
Reservoir to headwaters 2B 3A 4
Weber River, from Great Salt Lake
to Slaterville diversion, except as
listed below: 2B 3C 3D 4
Four Mile Creek from Interstate 15
to headwaters 2B 3A 4
Weber River and tributaries, from
Slaterville diversion to Stoddard
diversion, except as listed below 2B 3A 4
Ogden River and tributaries,
from confluence with Weber River
to Pineview Dam, except as listed
below: 2A 3A 4
Wheeler Creek from confluence
with Ogden River to headwaters 1C 2B 3A 4
All tributaries to Pineview
Reservoir 1C 2B 3A 4
Strongs Canyon Creek and
tributaries, from U.S. National
Forest boundary to headwaters 1C 2B 3A 4
Burch Creek and tributaries, from
Harrison Boulevard in Ogden to
Headwaters 1C 2B 3A
Spring Creek and tributaries,
from U.S. National Forest
boundary to headwaters 1C 2B 3A 4
Weber River and tributaries, from
Stoddard diversion to headwaters,
except as listed below 1C 2B 3A 4
Silver Creek and tributaries, from the confluence with Weber River to below the confluence with Tollgate Creek 1C 2B 3A 4
Silver Creek and tributaries, from confluence with Tollgate Creek to headwaters 1C 2B 3A 4*
13.5 Utah Lake-Jordan River Basin
a. Jordan River Drainage
TABLE
Jordan River, from Farmington Bay to
North Temple Street, Salt Lake City 2B 3B* 3D 4
State Canal, from Farmington Bay to
confluence with the Jordan River 2B 3B* 3D 4
Jordan River, from North Temple Street
in Salt Lake City to confluence
with Little Cottonwood Creek 2B 3B* 4
Surplus Canal from Great Salt Lake to
the diversion from the Jordan River 2B 3B* 3D 4
Jordan River from confluence with
Little Cottonwood Creek to Narrows
Diversion 2B 3A 4
Jordan River, from Narrows Diversion
to Utah Lake 1C 2B 3B 4
City Creek, from Memory Park in Salt
Lake City to City Creek Water
Treatment Plant 2B 3A
City Creek, from City Creek Water
Treatment Plant to headwaters 1C 2B 3A
Red Butte Creek and tributaries,
from Liberty Park pond inlet to Red
Butte Reservoir 2B 3A 4
Red Butte Creek and tributaries, from
Red Butte Reservoir to headwaters 1C 2B 3A
Emigration Creek and tributaries,
from 1100 East in Salt Lake City
to headwaters 2B 3A 4
Parleys Creek and tributaries, from
1300 East in Salt Lake City to
Mountain Dell Reservoir 1C 2B 3A
Parleys Creek and tributaries, from
Mountain Dell Reservoir to headwaters 1C 2B 3A
Mill Creek (Salt Lake County) from
confluence with Jordan River to
Interstate 15 2B 3C * 4
Mill Creek (Salt Lake County) and
tributaries, from Interstate 15
to headwaters 2B 3A 4
Big Cottonwood Creek and tributaries,
from confluence with Jordan River to
Big Cottonwood Water Treatment Plant 2B 3A 4
Big Cottonwood Creek and tributaries
from Big Cottonwood Water Treatment
Plant to headwaters 1C 2B 3A
Deaf Smith Canyon Creek and
tributaries 1C 2B 3A 4
Little Cottonwood Creek and
tributaries, from confluence with
Jordan River to Metropolitan
Water Treatment Plant 2B 3A 4
Little Cottonwood Creek and
tributaries, from Metropolitan
Water Treatment Plant to
headwaters 1C 2B 3A
Bells Canyon Creek and tributaries,
from Lower Bells Canyon Reservoir
to headwaters 1C 2B 3A
Little Willow Creek and tributaries,
from Draper Irrigation Company
diversion to headwaters 1C 2B 3A
Big Willow Creek and tributaries,
from Draper Irrigation Company
diversion to headwaters 1C 2B 3A
South Fork of Dry Creek and
tributaries, from Draper
Irrigation Company diversion to
headwaters 1C 2B 3A
All permanent streams on east slope
of Oquirrh Mountains (Coon, Barneys,
Bingham, Butterfield, and Rose Creeks) 2B 3D 4
Kersey Creek from confluence of C-7
Ditch to headwaters 2B 3D
(*) Site-specific criteria are associated with this use.
. . . . . . .
R317-2-14. Numeric Criteria.
TABLE 2.14.1
NUMERIC CRITERIA FOR DOMESTIC,
RECREATION, AND AGRICULTURAL USES
Domestic Recreation and Agri-
Parameter Source Aesthetics culture
1C(1) 2A 2B 4
BACTERIOLOGICAL
(30-DAY GEOMETRIC
MEAN) (NO.)/100 ML) (7)
E. coli 206 126 206
MAXIMUM
(NO.)/100 ML) (7)
E. coli 668 409 668
PHYSICAL
pH (RANGE) 6.5-9.0 6.5-9.0 6.5-9.0 6.5-9.0
Turbidity Increase
(NTU) 10 10
METALS (DISSOLVED, MAXIMUM
MG/L) (2)
Arsenic 0.01 0.1
Barium 1.0
Beryllium <0.004
Cadmium 0.01 0.01
Chromium 0.05 0.10
Copper 0.2
Lead 0.015 0.1
Mercury 0.002
Selenium 0.05 0.05
Silver 0.05
INORGANICS
(MAXIMUM MG/L)
Bromate 0.01
Boron 0.75
Chlorite <1.0
Fluoride 4.0
Nitrates as N 10
Total Dissolved
Solids (4) 1200
RADIOLOGICAL
(MAXIMUM pCi/L)
Gross Alpha 15 15
Gross Beta 4 mrem/yr Radium 226, 228
(Combined) 5
Strontium 90 8
Tritium 20000
Uranium 30
ORGANICS
(MAXIMUM UG/L)
2,4-D 94-75-7 70
2,4,5-TP 93-72-1 10
Alachlor 15972-60-8 2
Atrazine 1912-24-9 3
Carbofuran 1563-66-2 40
Dichloroethylene (cis-
1,2) 156-59-2 70
Dalapon 75-99-0 200
Di(2ethylhexl)adipate
103-23-1 400
Dibromochloropropane
96-12-8 0.2
Dinoseb 88-85-7 7
Diquat 85-00-7 20
Endothall 145-73-3 100
Ethylene Dibromide
106-93-4 0.05 Glyphosate 1071-83-6 700 Xylenes 1330-20-7 10,000
POLLUTION
INDICATORS (5)
BOD (MG/L) 5 5 5
Nitrate as N (MG/L) 4 4
Total Phosphorus as P
(MG/L)(6) 0.05 0.05
FOOTNOTES:
(1) See also numeric criteria for water and organism in
Table 2.14.6.
(2) The dissolved metals method involves filtration of the
sample in the field, acidification of the sample in the field, no
digestion process in the laboratory, and analysis by approved
laboratory methods for the required detection levels.
(3) Reserved
(4) SITE SPECIFIC STANDARDS FOR TOTAL DISSOLVED SOLIDS (TDS)
Blue Creek and tributaries, Box Elder County, from Bear River
Bay, Great Salt Lake to Blue Creek Reservoir:
March through October daily maximum 4,900 mg/l and an average of
3,800 mg/l; November through February daily maximum 6,300 mg/l
and an average of 4,700 mg/l. Assessments will be based on TDS
concentrations measured at the location of STORET 4960740.
Blue Creek Reservoir and tributaries, Box Elder County,
daily maximum 2,100 mg/l;
Castle Creek from confluence with the Colorado River to Seventh
Day Adventist Diversion: 1,800 mg/l;
Cottonwood Creek from the confluence with Huntington Creek to
Highway U-57: 3,500 mg/l;
Ferron Creek from the confluence with San Rafael River to Highway
U-10: 3,500 mg/l;
Huntington Creek and tributaries from the confluence with
Cottonwood Creek to Highway U-10: 4,800 mg/l;
Ivie Creek and its tributaries from the confluence with Muddy
Creek to the confluence with Quitchupah Creek: 3,800 mg/l
provided that total sulfate not exceed 2,000 mg/l to
protect the livestock watering agricultural existing use;
Ivie Creek and its tributaries from the confluence with Quitchupah Creek to Highway U-10: 2,600 mg/l;
Lost Creek from the confluence with Sevier River to U.S.
National Forest boundary: 4,600 mg/l;
Muddy Creek and tributaries from the confluence with Ivie Creek
to Highway U-10: 2,600 mg/l;
Muddy Creek from confluence with Fremont River to confluence with
Ivie Creek: 5,800 mg/l;
North Creek from the confluence with Virgin River to headwaters:
2,035 mg/l;
Onion Creek from the confluence with Colorado River to road
crossing above Stinking Springs: 3000 mg/l;
Brine Creek-Petersen Creek, from the confluence with the Sevier
River to Highway U-119 Crossing: 9,700 mg/l;
Price River and tributaries from confluence with Green River to
confluence with Soldier Creek: 3,000 mg/l;
Price River and tributaries from the confluence with Soldier
Creek to Carbon Canal Diversion: 1,700 mg/l;
Quitchupah Creek and tributaries from the confluence with Ivie Creek
to Highway U-10: 3,800 mg/l provided that total sulfate not exceed
2,000 mg/l to protect the livestock watering agricultural
existing use;
Rock Canyon Creek from the confluence with Cottonwood Creek to
headwaters: 3,500 mg/l;
San Pitch River from below Gunnison Reservoir to the Sevier
River: 2,400 mg/l;
San Rafael River from the confluence with the Green River to
Buckhorn Crossing: 4,100 mg/l;
San Rafael River from the Buckhorn Crossing to the confluence
with Huntington Creek and Cottonwood Creek: 3,500 mg/l;
Sevier River between Gunnison Bend Reservoir and DMAD Reservoir:
1,725 mg/l;
Sevier River from Gunnison Bend Reservoir to Crafts Lake:
3,370 mg/l;
Silver Creek and tributaries, Summit County, from confluence
with Tollgate Creek to headwaters: maximum 1,900 mg/L.
South Fork Spring Creek from confluence with Pelican Pond
Slough Stream to U.S. Highway 89 1,450 mg/l (Apr.-Sept.)
1,950 mg/l (Oct.-March)
Virgin River from the Utah/Arizona border to Pah Tempe Springs:
2,360 mg/l
(5) Investigations should be conducted to develop more
information where these pollution indicator levels are exceeded. These indicators are superseded by numeric criteria in waters where
promulgated.
(6) Total Phosphorus as P (mg/l) indicator for
lakes and reservoirs shall be 0.025.
(7) Where the criteria are exceeded and there is a reasonable
basis for concluding that the indicator bacteria E. coli are
primarily from natural sources (wildlife), e.g., in National
Wildlife Refuges and State Waterfowl Management Areas, the
criteria may be considered attained provided the density
attributable to non-wildlife sources is less than the criteria.
Exceedences of E. coli from nonhuman nonpoint sources will
generally be addressed through appropriate Federal, State, and
local nonpoint source programs.
Measurement of E. coli using the "Quanti-Tray 2000" procedure
is approved as a field analysis. Other EPA approved methods may
also be used.
For water quality assessment purposes, up to 10% of
representative samples may exceed the 668 per 100 ml criterion
(for 1C and 2B waters) and 409 per 100 ml (for 2A waters). For
small datasets, where exceedences of these criteria are
observed, follow-up ambient monitoring should be conducted to
better characterize water quality.
TABLE 2.14.2
NUMERIC CRITERIA FOR AQUATIC WILDLIFE(8)
Parameter Aquatic Wildlife
3A 3B 3C 3D 5
PHYSICAL
Total Dissolved
Gases (1) (1)
Minimum Dissolved Oxygen
(MG/L) (2)(2a)
30 Day Average 6.5 5.5 5.0 5.0
7 Day Average 9.5/5.0 6.0/4.0
Minimum 8.0/4.0 5.0/3.0 3.0 3.0
Max. Temperature(C)(3) 20 27 27
Max. Temperature
Change (C)(3) 2 4 4
pH (Range)(2a) 6.5-9.0 6.5-9.0 6.5-9.0 6.5-9.0
Turbidity Increase
(NTU) 10 10 15 15
METALS (4)
(DISSOLVED,
UG/L)(5)
Aluminum
4 Day Average (6) 87 87 87 87
1 Hour Average 750 750 750 750
Arsenic (Trivalent)
4 Day Average 150 150 150 150
1 Hour Average 340 340 340 340
Cadmium (7)
4 Day Average 0.72 0.72 0.72 0.72
1 Hour Average 1.8 1.8 1.8 1.8
Chromium
(Hexavalent)
4 Day Average 11 11 11 11
1 Hour Average 16 16 16 16
Chromium
(Trivalent) (7)
4 Day Average 74 74 74 74
1 Hour Average 570 570 570 570
Copper (7)
4 Day Average 9 9 9 9
1 Hour Average 13 13 13 13
Cyanide (Free)
4 Day Average 5.2 5.2 5.2
1 Hour Average 22 22 22 22
Iron (Maximum) 1000 1000 1000 1000
Lead (7)
4 Day Average 2.5 2.5 2.5 2.5
1 Hour Average 65 65 65 65
Mercury
4 Day Average 0.012 0.012 0.012 0.012
Nickel (7)
4 Day Average 52 52 52 52
1 Hour Average 468 468 468 468
Selenium
4 Day Average 4.6 4.6 4.6 4.6
1 Hour Average 18.4 18.4 18.4 18.4
Selenium (14)
Gilbert Bay (Class 5A)
Great Salt Lake
Geometric Mean over
Nesting Season
(mg/kg dry wt) 12.5
Silver
1 Hour Average (7) 3.2 3.2 3.2 3.2
Tributyltin
4 Day Average 0.072 0.072 0.072 0.072
1 Hour Average 0.46 0.46 0.46 0.46
Zinc (7)
4 Day Average 120 120 120 120
1 Hour Average 120 120 120 120
INORGANICS
(MG/L) (4)
Total Ammonia as N (9)
30 Day Average (9a) (9a) (9a) (9a)
1 Hour Average (9b) (9b) (9b) (9b)
Chlorine (Total
Residual)
4 Day Average 0.011 0.011 0.011 0.011
1 Hour Average 0.019 0.019 0.019 0.019
Hydrogen Sulfide
(Undissociated,
Max. UG/L) 2.0 2.0 2.0 2.0
Phenol(Maximum) 0.01 0.01 0.01 0.01
RADIOLOGICAL
(MAXIMUM pCi/L)
ORGANICS (UG/L) (4)
Acrolein
4 Day Average 3.0 3.0 3.0 3.0
1 Hour Average 3.0 3.0 3.0 3.0
Aldrin
1 Hour Average 1.5 1.5 1.5 1.5
Carbaryl
4 Day Average 2.1 2.1 2.1 2.1
1 Hour Average 2.1 2.1 2.1 2.1
Chlordane
4 Day Average 0.0043 0.0043 0.0043 0.0043
1 Hour Average 1.2 1.2 1.2 1.2
Chlorpyrifos
4 Day Average 0.041 0.041 0.041 0.041
1 Hour Average 0.083 0.083 0.083 0.083
4,4' -DDT
4 Day Average 0.0010 0.0010 0.0010 0.0010
1 Hour Average 0.55 0.55 0.55 0.55
Diazinon
4 Day Average 0.17 0.17 0.17 0.17
1 Hour Average 0.17 0.17 0.17 0.17
Dieldrin
4 Day Average 0.056 0.056 0.056 0.056
1 Hour Average 0.24 0.24 0.24 0.24
Alpha-Endosulfan
4 Day Average 0.056 0.056 0.056 0.056
1 Hour Average 0.11 0.11 0.11 0.11
beta-Endosulfan
4 Day Average 0.056 0.056 0.056 0.056
1 Day Average 0.11 0.11 0.11 0.11
Endrin
4 Day Average 0.036 0.036 0.036 0.036
1 Hour Average 0.086 0.086 0.086 0.086
Heptachlor
4 Day Average 0.0038 0.0038 0.0038 0.0038
1 Hour Average 0.26 0.26 0.26 0.26
Heptachlor epoxide
4 Day Average 0.0038 0.0038 0.0038 0.0038
1 Hour Average 0.26 0.26 0.26 0.26
Hexachlorocyclohexane
(Lindane)
4 Day Average 0.08 0.08 0.08 0.08
1 Hour Average 1.0 1.0 1.0 1.0
Methoxychlor
(Maximum) 0.03 0.03 0.03 0.03
Mirex (Maximum) 0.001 0.001 0.001 0.001
Nonylphenol
4 Day Average 6.6 6.6 6.6 6.6
1 Hour Average 28.0 28.0 28.0 28.0
Parathion
4 Day Average 0.013 0.013 0.013 0.013
1 Hour Average 0.066 0.066 0.066 0.066
PCBs
4 Day Average 0.014 0.014 0.014 0.014
Pentachlorophenol (11)
4 Day Average 15 15 15 15
1 Hour Average 19 19 19 19
Toxaphene
4 Day Average 0.0002 0.0002 0.0002 0.0002
1 Hour Average 0.73 0.73 0.73 0.73
POLLUTION
INDICATORS (10)
Gross Alpha (pCi/L) 15 15 15 15
Gross Beta (pCi/L) 50 50 50 50
BOD (MG/L) 5 5 5 5
Nitrate as N (MG/L) 4 4 4
Total Phosphorus as
P(MG/L) (12) 0.05 0.05
FOOTNOTES:
(1) Not to exceed 110% of saturation.
(2) These limits are not applicable to lower water levels
in deep impoundments. First number in column is for when
early life stages are present, second number is for when all
other life stages present.
(2a) These criteria are not applicable to Great Salt Lake
impounded wetlands. Surface water in these wetlands shall be
protected from changes in pH and dissolved oxygen that create
significant adverse impacts to the existing beneficial uses.
To ensure protection of uses, the Director shall
develop reasonable protocols and guidelines that quantify the
physical, chemical, and biological integrity of these waters.
These protocols and guidelines will include input from
local governments, the regulated community, and the general
public. The Director will inform the Water
Quality Board of any protocols or guidelines that are developed.
(3) Site Specific Standards for Temperature
Kens Lake: From June 1st - September 20th, 27 degrees C.
(4) Where criteria are listed as 4-day average and
1-hour average concentrations, these concentrations should not
be exceeded more often than once every three years on the
average.
(5) The dissolved metals method involves filtration of
the sample in the field, acidification of the sample in the
field, no digestion process in the laboratory, and analysis by
EPA approved laboratory methods for the required
detection levels.
(6) The criterion for aluminum will be implemented as
follows:
Where the pH is equal to or greater than 7.0 and the
hardness is equal to or greater than 50 ppm as CaC03 in the
receiving water after mixing, the 87 ug/1 chronic criterion
(expressed as total recoverable) will not apply, and aluminum
will be regulated based on compliance with the 750 ug/1 acute
aluminum criterion (expressed as total recoverable).
(7) Hardness dependent criteria. 100 mg/l used.
Conversion factors for ratio of total recoverable metals to
dissolved metals must also be applied. In waters with a
hardness greater than 400 mg/l as CaC03, calculations will
assume a hardness of 400 mg/l as CaC03. See Table 2.14.3 for
complete equations for hardness and conversion factors.
(8) See also numeric criteria for organism only in
Table 2.14.6.
(9) The following equations are used to calculate Ammonia
criteria concentrations:
(9a) The thirty-day average concentration of total ammonia
nitrogen (in mg/l as N) does not exceed, more than once every
three years on the average, the chronic criterion calculated
using the following equations.
Fish Early Life Stages are Present:
mg/l as N (Chronic) = ((0.0577/(1+10 7.688-pH)) + (2.487/(1+ 10pH-7.688))) * MIN (2.85, 1.45*10 0.028*(25-T)) Fish Early Life Stages are Absent:
mg/1 as N (Chronic) = ((0.0577/(1+10 7.688-pH)) + (2.487/(1+10pH-7.688))) * 1.45*100.028* (25-MAX(T,7)))
Mill Creek (Salt Lake County) from confluence with Jordan River to Interstate 15, Jordan River from 900 South Street to confluence with Mill Creek, Surplus Canal from 900 South Street to diversion from the Jordan River, Fish Early Life Stages are Present: mg/l as N (Chronic) = 0.9405 * ((0.0278/(1+107.688-pH)) + ((1.1994/(1+10pH-7.6888))) * MIN(6.920,(7.547*100.028*(20-T))))
Mill Creek (Salt Lake County) from confluence with Jordan River to Interstate 15, Jordan River from 900 South Street to confluence with Mill Creek, Surplus Canal from 900 South Street to diversion from the Jordan River, Fish Early Life Stages are Absent: mg/L as N (chronic) = 09.405 * (((0.0278/(1+107.688-pH))+ (1.1994/(1+10pH-7.688))) * (7.547*100.028*(20-MAX (T,7))) (9b) The one-hour average concentration of total ammonia
nitrogen (in mg/l as N) does not exceed, more than once every
three years on the average the acute criterion calculated
using the following equations.
Class 3A:
mg/l as N (Acute) = (0.275/(1+107.204-pH)) + (39.0/1+10pH-7.204))
Class 3B, 3C, 3D:
mg/l as N (Acute) = 0.411/(1+107.204-pH)) + (58.4/(1+10pH-7.204)) Mill Creek (Salt Lake County) from confluence with Jordan River to Interstate 15, Jordan River from 900 South Street to confluence with Mill Creek, Surplus Canal from 900 South Street to diversion from the Jordan River: mg/l as N (Acute) = 0.729 * (((0.0114/(1+107.204-pH))+(1.6181/ (1+10pH-7.204))) * MIN(51.93,(62.15*100.036*(20-T))) In addition, the highest four-day average within the 30-day
period should not exceed 2.5 times the chronic criterion.
The "Fish Early Life Stages are Present" 30-day average total
ammonia criterion will be applied by default unless it is
determined by the Director, on a site-specific basis, that it
is appropriate to apply the "Fish Early Life Stages are
Absent" 30-day average criterion for all or some portion of
the year. At a minimum, the "Fish Early Life Stages are
Present" criterion will apply from the beginning of spawning
through the end of the early life stages. Early life stages
include the pre-hatch embryonic stage, the post-hatch free
embryo or yolk-sac fry stage, and the larval stage for the
species of fish expected to occur at the site. The Director
will consult with the Division of Wildlife Resources in making
such determinations. The Division will maintain information
regarding the waterbodies and time periods where application
of the "Early Life Stages are Absent" criterion is determined
to be appropriate.
(10) Investigation should be conducted to develop more
information where these levels are exceeded.
(11) pH dependent criteria. pH 7.8 used in table. See
Table 2.14.4 for equation.
(12) Total Phosphorus as P (mg/l) as a pollution indicator
for lakes and reservoirs shall be 0.025. These indicators are superseded by numeric criteria in waters where promulgated.
(13) Reserved
(14) The selenium water quality standard of 12.5 (mg/kg dry
weight) for Gilbert Bay is a tissue based standard using the
complete egg/embryo of aquatic dependent birds using Gilbert Bay
based upon a minimum of five samples over the nesting season.
Assessment procedures are incorporated as a part of this
standard as follows:
Egg Concentration Triggers: DWQ Responses
Below 5.0 mg/kg: Routine monitoring with sufficient intensity
to determine if selenium concentrations within the Great Salt
Lake ecosystem are increasing.
5.0 mg/kg: Increased monitoring to address data gaps,
loadings, and areas of uncertainty identified from initial Great
Salt Lake selenium studies.
6.4 mg/kg: Initiation of a Level II Antidegradation review by the
State for all discharge permit renewals or new discharge permits
to Great Salt Lake. The Level II Antidegradation review may
include an analysis of loading reductions.
9.8 mg/kg: Initiation of preliminary TMDL studies to evaluate
selenium loading sources.
12.5 mg/kg and above: Declare impairment. Formalize and
implement TMDL.
Antidegradation
Level II Review procedures associated with this standard are
referenced at R317-2-3.5.C.
. . . . . . .
TABLE 2.14.6
LIST OF HUMAN HEALTH CRITERIA (CONSUMPTION)
Chemical Parameter Water and Organism Organism Only
and CAS # (ug/L) (ug/L)
Class 1C Class 3A,3B,3C,3D
Antimony 7440-36-0 5.6 640
Arsenic 7440-38-2 A A
Beryllium 7440-41-7 C C
Chromium III 16065-83-1 C C
Chromium VI 18540-29-9 C C
Copper 7440-50-8 1,300
Mercury 7439-97-6 A A
Nickel 7440-02-0 610 4,600
Selenium 7782-49-2 170 4,200
Thallium 7440-28-0 0.24 0.47
Zinc 7440-66-6 7,400 26,000
Free Cyanide 57-12-5 [140]4 [140]400
Asbestos 1332-21-4 7 million
Fibers/L
2,3,7,8-TCDD Dioxin 1746-01-6 5.0 E -9 B 5.1 E-9 B
Acrolein 107-02-8 3[.0] 400
Acrylonitrile 107-13-1 0.061 7.0
[Atrazine1912-24-93.0]Benzene 71-43-2 2.1 B 51 B
Bromoform 75-25-2 7.0 B 120 B
Carbon Tetrachloride 56-23-5 0.4 B 5 B
Chlorobenzene [57-12-5]108-90-7 100 MCL [1,600]800
Chlorodibromomethane 124-48-1 [0.40]0.80 B [13]21 B
Chloroform 67-66-3 [5.7]60 B [470]2,000 B
[Dalapon75-99-0200]Dichlorobromomethane 75-27-4 [
0.55]0.95 B [17]27 B
1,2-Dichloroethane 107-06-2 9.9 B [650]2,000 B
1,1-Dichloroethylene 75-35-4 300 MCL 20,000
[Dichloroethylene(cis-1,2)
156-59-270Diquat231-36-720]1,2-Dichloropropane 78-87-5 0.90 B 31 B
1,3-Dichloropropene 542-75-6 0.27 12
Ethylbenzene 100-41-4 68 130
[Glyphosate1071-83-6700]Methyl Bromide 74-83-9 [
47100]100 10,000
Methylene Chloride 75-09-2 20 B 1,000 B
1,1,2,2-Tetrachloroethane
79-34-5 0.2 B 3 B
Tetrachloroethylene 127-18-4 10 B 29 B
Toluene 108-88-3 57 520
1,2 -Trans-Dichloroethylene
156-60-5 100 MCL 4,000
1,1,1-Trichloroethane 71-55-6 10,000 MCL 200,000
1,1,2-Trichloroethane 79-00-5 0.55 B 8.9 B
Trichloroethylene 79-01-6 0.6 B 7 B
Vinyl Chloride 75-01-4 0.022 1.6
[Xylenes1330-20-710,000]2-Chlorophenol 95-57-8 30 800
2,4-Dichlorophenol 120-83-2 10 60
2,4-Dimethylphenol 105-67-9 100 3,000
2-Methyl-4,6-Dinitrophenol
534-52-1 2 30
2,4-Dinitrophenol 51-28-5 10 300
3-Methyl-4-Chlorophenol
59-50-7 500 2,000
Pentachlorophenol 87-86-5 0.03 B 0.04 B
Phenol 108-95-2 4,000 300,000
2,4,5-Trichlorophenol 95-95-4 300 600
2,4,6-Trichlorophenol 88-06-2 1.5 B 2.8 B
Acenaphthene 83-32-9 70 90
Anthracene 120-12-7 300 400
Benzidine 92-87-5 0.00014 B 0.011 B
BenzoaAnthracene 56-55-3 0.0012 B 0.0013 B
BenzoaPyrene 50-32-8 0.00012 B 0.00013 B
BenzobFluoranthene 205-99-2 0.0012 B [0.018]0.0013 B
BenzokFluoranthene 207-08-9 0.012 B 0.013 B
Bis2-Chloro1methylether
542-88-1 0.00015 0.017
Bis2-Chloro1methylethylether
108-60-1 200 B 4000
Bis2-ChloroethylEther
111-44-4[0] 0.030 B 2.2 B
[Bis2-Chloro1methylether
542-88-10.000150.017Bis2-Chloro1methylethylether
108-60-1200B4000]Bis2-Chloroisopropy1Ether
39638-32-9 1,400 65,000
Bis2-EthylhexylPhthalate
117-81-7 0.32 B [0.037]0.37 B
Butylbenzyl Phthalate
85-68-7 [0.1]0.10 [0.1]0.10
2-Chloronaphthalene 91-58-7 800 1,000
Chrysene 218-01-9 [0.0038]0.12 B [0.018]0.13 B
Dibenzoa,hAnthracene 53-70-3 [0.0038]0.00012 B [0.018]0.00013 B
1,2-Dichlorobenzene 95-50-1 1,000 3,000
1,3-Dichlorobenzene 541-73-1 7 10
1,4-Dichlorobenzene 106-46-7 300 900
3,3-Dichlorobenzidine
91-94-1 [0.04]0.049 B 0.15 B
Diethyl Phthalate 84[64]-66-2 600 600
Dimethyl Phthalate 131-11-3 2,000 2,000
Di-n-Butyl Phthalate 84-74-2 20 30
2,4-Dinitrotoluene 121-14-2 [0.49]0.049 B 1.7 B
Dinitrophenols 25550-58-7 10 1,000
1,2-Diphenylhydrazine
122-66-7 [0.036]0.03 B [0.20]0.2 B
Fluoranthene 206-44-0 20 20
Fluorene 86-73-7 50 70
Hexachlorobenzene 118-74-1 0.000079 B 0.000079 B
Hexachlorobutadiene 87-68-3 0.01 B 0.01 B
Hexachloroethane 67-72-1 [1.4]0.1 B [3.3]0.1 B
Hexachlorocyclopentadiene
77-47-4 4 4
Ideno 1,2,3-cdPyrene
193-39-5 0.0012 B 0.0013 B
Isophorone 78-59-1 34 B 1,800 B
Nitrobenzene 98-95-3 10 600
N-Nitrosodiethylamine 55-18-5 0.0008 B 1.24 B
N-Nitrosodimethylamine
62-75-9 0.00069 B 3.0 B
N-Nitrosodi-n-Propylamine
621-64-7 0.0050 B 0.51 B
N-Nitrosodiphenylamine
86-30-6 3.3 B 6.0 B
[N-Nitrosoyrrolidine]N-Nitrosopyrrolidine 930-55-2 0.016 B 34 B
Pentachlorobenzene 608-93-5 0.1 0.1
Pyrene 129-00-0 20 30
1,2,4-Trichlorobenzene
120-82-1 [0.07]0.071 MCL 0.076
Aldrin 309-00-2 0.00000077 B 0.00000077 B
alpha-BHC 319-84-6 0.00036 B [0.000050]0.00039 B
beta-BHC 319-85-7 [0.008]0.0080 B 0.014 B
gamma-BHC (Lindane) 58-89-9 4.2 MCL 4.4
Hexachlorocyclohexane (HCH)
Technical 608-73-1 0.0066 0.010
Chlordane 57-74-9 [0.00030]0.00031 B 0.00032 B
4,4-DDT 50-29-3 [0.000032]0.000030 B 0.000030 B
4,4-DDE 72-55-9 0.000018 B 0.000018 B
4,4-DDD 72-54-8 0.00012 B 0.00012 B
Dieldrin 60-57-1 0.0000012 B 0.0000012 B
alpha-Endosulfan 959-98-8 20 30
beta-Endosulfan 33213-65-9 20 40
Endosulfan Sulfate 1031-07-8 20 40
Endrin 72-20-8 0.03 [0.060]0.03
Endrin Aldehyde 7421-93-4 1 1
Heptachlor 76-44-8 0.0000059 B 0.0000059 B
Heptachlor Epoxide 1024-57-3 0.000032 B 0.000032 B
Methoxychlor 72-43-5 0.02 [MCL] 0.02
Polychlorinated Biphenyls
(PCBs) 1336-36-3 0.000064 B,D 0.000064 B,D
Toxaphene 8001-35-2 [0.0007]0.00070 B 0.00071 B
[Footnotes]FOOTNOTES:
A. See Table 2.14.2
B. Based on carcinogenicity of 10-6 risk.
C. EPA has not calculated a human criterion for this
contaminant. However, permit authorities should address
this contaminant in NPDES permit actions using the State's existing
narrative criteria for toxics
D. This standard applies to total PCBs.
TABLE 2.14.7
NUTRIENT CRITERIA FOR CLASSES 2A and 2B (1)
Nutrient Criteria
Parameters
Periphyton 125 mg/m2 chlorophyll-a
or
49 g/m2 ash free dry mass
FOOTNOTES:
(1)Applicable to all Category 1 and Category 2 streams with
the following exceptions: Quitchupah Creek through Convulsion Canyon
from U. S. Forest Service boundary upstream to East Spring Canyon
headwaters; North Fork of Quitchupah Creek from the U. S. Forest
Service boundary upstream to its confluence with South Fork;
Huntington Creek from U. S. Forest Service boundary to confluence
with Crandall Creek and Crandall Creek to headwaters.
TABLE 2.14.8
NUTRIENT CRITERIA FOR CLASSES 3A, 3B, 3C, and 3D(1)
Nutrient Criteria(2)
Parameters
Total Phosphorus 0.035 mg/L)(3), and
Total Nitrogen 0.40 mg/L)(3),
or
Total Phosphorus 0.080 mg/L(3), and
Total Nitrogen 0.80 mg/L(3), and
Filamentous Algae 33% cover(4), or
Gross Primary Production 6 g O2/m2-day(5), or
Ecosystem Respiration 5 g O2/m2-day(5)
FOOTNOTES:
(1)Applicable to all Category 1 and Category 2 streams with
the following exceptions: Quitchupah Creek through Convulsion
Canyon from U. S. Forest Service boundary upstream to East Spring
Canyon headwaters; North Fork of Quitchupah Creek from the U. S. Forest
Service boundary upstream to its confluence with South Fork;
Huntington Creek from U. S. Forest Service boundary to confluence
with Crandall Creek and Crandall Creek to headwaters.
(2)For water quality assessments, Table 8, Decision Matrix That
Will Be Used to Assess Support of Headwater Aquatic Life Uses for
Nutrient-related Water Quality Problems, "Proposed Nutrient Criteria:
Utah Headwater Streams", Utah Division of Water Quality, March, 2019
is incorporated by reference.
(3)Not to be exceeded seasonal average for the index period
of algal growth through senescence.
(4)Not to be exceeded average based on at least 3 transects
perpendicular to stream flow and spatially dispersed along a reach
of at least 50 meters
(5) Not to be exceeded during the index period of algal
growth through senescence.
KEY: water pollution, water quality standards
Date of Enactment or Last Substantive Amendment: [July 2, 2018]2019
Notice of Continuation: September 26, 2017[-1317, 1329]
Authorizing, and Implemented or Interpreted Law: 19-5; FWPCA 33 USC 1251, 1311-1317, 1329
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/2019/b20190401.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.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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 Office of Administrative Rules.