DAR File No. 27817

Environmental Quality, Water Quality

R317-1-7

TMDLs

NOTICE OF PROPOSED RULE

DAR File No.: 27817
Filed: 04/14/2005, 05:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference eight completed and approved Total Maximum Daily Loads (TMDLs) into the rule.

Summary of the rule or change:

This section incorporates by reference eight completed and approved TMDLs into the rule. Each TMDL document has gone through an individual public review process, have been approved by EPA, and adopted by the Utah Water Quality Board.

State statutory or constitutional authorization for this rule:

Section 19-5-104

San Pitch River TMDL, November 18, 2003; Newton Creek TMDL, June 24, 2004; Panguitch Lake TMDL, June 24, 2004; West Colorado TMDL, August 4, 2004; Silver Creek TMDL, August 4, 2004; Upper Sevier River TMDL, August 4, 2004; Lower and Middle Sevier River TMDL, August 17, 2004; and Lower Colorado River TMDL, September 20, 2004

Anticipated cost or savings to:

the state budget:

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

local governments:

No cost impacts to local governments are anticipated. However, individual TMDLs may or may not result in capital construction costs or costs associated with changes in management strategies to address point sources and nonpoint source pollution problems. If increased compliance costs to local governments are identified as a result of a TMDL they are presented to the public for comment and discussion prior to the adoption of the TMDL.

other persons:

No anticipated cost to other persons are anticipated. However, individual TMDLs may or may not result in capital construction costs or costs associated with changes in management strategies to address point sources and nonpoint source pollution problems. If increased compliance costs to other persons are identified as a result of a TMDL, they are presented to the public for comment and discussion prior to the adoption of the TMDL.

Compliance costs for affected persons:

TMDLs may or may not result in capital construction costs or costs associated with changes in management strategies to address point sources and nonpoint source pollution problems. If increased compliance costs to individuals or local governments are identified as a result of a TMDL, they are presented to the public for comment and discussion prior to the adoption of the TMDL.

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

Each state is required under Section 303 of the federal Clean Water Act to establish TMDLs for waters identified as impaired, i.e., those waters included on the 303(d) list. States must complete and implement TMDLs. Fiscal impacts to businesses that may result from TMDL implementation, if any, will be declared and discussed in public forums during the development of individual TMDLs. Dianne Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@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:

05/31/2005

This rule may become effective on:

06/01/2005

Authorized by:

Dianne R. Nielson, Executive Director

RULE TEXT

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 Bear River -- December 23, 1997

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 1, 2000

7.7 East Canyon Reservoir -- September 1, 2000

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

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

[March 29, 2004]2005

Notice of Continuation October 7, 2002

19-5

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.