-
DAR File No.: 31650
Filed: 11/12/2008, 05:14
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
The proposed changes are being made in response to issues brought before the Water Quality Board during the public comment period for amendments to the Utah Water Quality Standards.
Summary of the rule or change:
The summary of changes to the proposed rule are as follows: clarification of the application of water quality standards; removal of several previously proposed site-specific standards; returning previous standards to wildlife management areas and removal of the "three ecosystem" standards previously proposed for those areas; removal of the Class 5 (Great Salt Lake) beneficial use classification from the rule; clarification of a site-specific standard for the South Fork of Spring Creek (Cache County); clarification of egg concentration triggers and Division of Water Quality (DWQ) responses to those triggers for selenium in the Great Salt Lake; and requiring a level 2 antidegradation review for all discharges to 1C drinking water classified waters. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the July 15, 2008, issue of the Utah State Bulletin, on page 30. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)
State statutory or constitutional authorization for this rule:
Section 19-5-105
Anticipated cost or savings to:
the state budget:
The proposed changes are made in responses to comments received during the public comment period and in discussions with the Water Quality Board. The changes are of a technical and/or editorial nature and are not anticipated to result in costs or savings to the state budget beyond those identified in the original rulemaking.
local governments:
The proposed changes are made in responses to comments received during the public comment period and in discussions with the Water Quality Board. The changes are of a technical and/or editorial nature and are not anticipated to result in costs or savings to local government beyond those identified in the original rulemaking.
small businesses and persons other than businesses:
The proposed changes are made in responses to comments received during the public comment period and in discussions with the Water Quality Board. The changes are of a technical and/or editorial nature and are not anticipated to result in costs or savings to small businesses beyond those identified in the original rulemaking.
Compliance costs for affected persons:
The proposed changes are made in responses to comments received during the public comment period and in discussions with the Water Quality Board. The changes are of a technical and/or editorial nature and are not anticipated affect compliance costs for affected persons beyond those identified in the original rulemaking.
Comments by the department head on the fiscal impact the rule may have on businesses:
The proposed changes are made in responses to comments received during the public comment period and in discussions with the Water Quality Board. The changes are of a technical and/or editorial nature and are not anticipated to result in fiscal impacts to businesses beyond those identified in the original rulemaking. Richard Sprott, 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 Quality
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231Direct 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
This rule may become effective on:
01/07/2009
Authorized by:
Walter Baker, Director
RULE TEXT
R317. Environmental Quality, Water Quality.
R317-2. Standards of Quality for Waters of the State.
. . . . . . .
R317-2-3. Antidegradation Policy.
3.1 Maintenance of Water Quality
Waters whose existing quality is better than the established standards for the designated uses will be maintained at high quality unless it is determined by the Board, after appropriate intergovernmental coordination and public participation in concert with the Utah continuing planning process, allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. However, existing instream water uses shall be maintained and protected. No water quality degradation is allowable which would interfere with or become injurious to existing instream water uses.
In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with Section 316 of the Federal Clean Water Act.
3.2 Category 1 Waters
Waters [
of high quality]which have been determined by the Board to be of exceptional recreational or ecological significance or have been determined to be a State or National resource requiring protection, shall be maintained at existing high quality through designation, by the Board after public hearing, as Category 1 Waters. New point source discharges of wastewater, treated or otherwise, are prohibited in such segments after the effective date of designation. Protection of such segments from pathogens in diffuse, underground sources is covered in R317-5 and R317-7 and the Regulations for Individual Wastewater Disposal Systems (R317-501 through R317-515). Other diffuse sources (nonpoint sources) of wastes shall be controlled to the extent feasible through implementation of best management practices or regulatory programs.Projects such as, but not limited to, construction of dams or roads will be considered where pollution will result only during the actual construction activity, and where best management practices will be employed to minimize pollution effects.
Waters of the state designated as Category 1 Waters are listed in R317-2-12.1.
3.3 Category 2 Waters
Category 2 Waters are designated surface water segments which are treated as Category 1 Waters except that a point source discharge may be permitted provided that the discharge does not degrade existing water quality. Waters of the state designated as Category 2 Waters are listed in R317-2-12.2.
3.4 Category 3 Waters
For all other waters of the state, point source discharges are allowed and degradation may occur, pursuant to the conditions and review procedures outlined in Section 3.5.
3.5 Antidegradation Review (ADR)
An antidegradation review will determine whether the proposed activity complies with the applicable antidegradation requirements for receiving waters that may be affected.
An antidegradation review (ADR) may consist of two parts or levels. A Level I review is conducted to insure that existing uses will be maintained and protected. In addition, a Level I review evaluates the criteria in Section 3.5b to determine if any degradation is de minimis in nature and therefore does not require a Level II review. A Level II review as described in Section 3.5c is needed when the impacts are not de minimus.
Both Level I and Level II reviews will be conducted on a parameter-by-parameter basis. A decision to move to a Level II review for one parameter does not require a Level II review for other parameters. Discussion of parameters of concern [
are]is those expected to be affected by the proposed activity.Antidegradation reviews shall include opportunities for public participation, as described in Section 3.5e.
a. Activities Subject to Antidegradation Review (ADR)
1. For all State waters, antidegradation reviews will be conducted for proposed federally regulated activities, such as those under Clean Water Act Sections 401 (FERC and other Federal actions), 402 (UPDES permits), and 404 (Army Corps of Engineers permits). The Executive Secretary may conduct an ADR on other projects with the potential for major impact on the quality of waters of the state. The review will determine whether the proposed activity complies with the applicable antidegradation requirements for the particular receiving waters that may be affected.
2. For Category 1 Waters and Category 2 Waters, reviews shall be consistent with the requirement established in Sections 3.2 and 3.3, respectively.
3. For Category 3 Waters, reviews shall be consistent with the requirements established in this section
b. An Anti-degradation Level II review is not required where any of the following conditions apply:
1. Water quality will not be lowered by the proposed activity (e.g., a UPDES permit is being renewed and the proposed effluent concentration value and pollutant loading is equal to or less than the existing effluent concentrations value and pollutant loading).
2. Assimilative capacity (based upon concentration) is not available or has previously been allocated, as indicated by water quality monitoring or modeling information. This includes situations where:
(a) the water body is included on the current 303(d) list for the parameter of concern; or
(b) existing water quality for the parameter of concern does not satisfy applicable numeric or narrative water quality criteria; or
(c) discharge limits are established in an approved TMDL that is consistent with the current water quality standards for the receiving water (i.e., where TMDLs are established, and changes in effluent limits that are consistent with the existing load allocation would not trigger an antidegradation review).
Under conditions (a) or (b) the effluent limit in an UPDES permit may be equal to the water quality numeric criterion for the parameter of concern.
3. Water quality impacts will be temporary and related only to sediment or turbidity and fish spawning will not be impaired,[
or]4. The water quality effects of the proposed activity are expected to be temporary and limited. As general guidance, CWA Section 402 general permits, CWA Section 404 nationwide and general permits, or activities of short duration, will be deemed to have a temporary and limited effect on water quality where there is a reasonable factual basis to support such a conclusion. The 404 nationwide permits decision will be made at the time of permit issuance, as part of the Division's water quality certification under CWA Section 401. Where it is determined that the category of activities will result in temporary and limited effects, subsequent individual activities authorized under such permits will not be subject to further antidegradation review. Factors to be considered in determining whether water quality effects will be temporary and limited may include the following:
(a) Length of time during which water quality will be lowered.
(b) Percent change in ambient concentrations of pollutants of concern
(c) Pollutants affected
(d) Likelihood for long-term water quality benefits to the segment (e.g., dredging of contaminated sediments)
(e) Potential for any residual long-term influences on existing uses.
(f) Impairment of the fish spawning, survival and development of aquatic fauna excluding fish removal efforts.
5. The proposed concentration downstream of the mixing zone:
(a) would be equal to or less than 50% of the applicable criterion, and the project would consume less than 20% of remaining assimilative capacity; or
(b) is greater than 50% and less than 75% of the criterion, and the project would consume less than 10% of the remaining assimilative capacity.
Exception: Level II reviews are required if the proposed concentration below the mixing zone is equal to or greater than 75% of the criterion.
c. Anti-degradation Review Process
For all activities requiring a Level II review, the Division will notify affected agencies and the public with regards to the requested proposed activity and discussions with stakeholders may be held. In the case of Section 402 discharge permits, if it is determined that a discharge will be allowed, the Division of Water Quality will develop any needed UPDES permits for public notice following the normal permit issuance process.
The ADR will cover the following requirements or determinations:
1. Will all Statutory and regulatory requirements be met?
The Executive Secretary will review to determine that there will be achieved all statutory and regulatory requirements for all new and existing point sources and all required cost-effective and reasonable best management practices for nonpoint source control in the area of the discharge. If point sources exist in the area that have not achieved all statutory and regulatory requirements, the Executive Secretary will consider whether schedules of compliance or other plans have been established when evaluating whether compliance has been assured. Generally, the "area of the discharge" will be determined based on the parameters of concern associated with the proposed activity and the portion of the receiving water that would be affected.
2. Are there any reasonable less-degrading alternatives?
There will be an evaluation of whether there are any reasonable non-degrading or less degrading alternatives for the proposed activity. This question will be addressed by the Division based on information provided by the project proponent. Control alternatives for a proposed activity will be evaluated in an effort to avoid or minimize degradation of the receiving water. Alternatives to be considered, evaluated, and implemented to the extent feasible, could include pollutant trading, water conservation, water recycling and reuse, land application, total containment, etc.
For proposed UPDES permitted discharges, the following list of alternatives should be considered, evaluated and implemented to the extent feasible:
(a) innovative or alternative treatment options
(b) more effective treatment options or higher treatment levels
(c) connection to other wastewater treatment facilities
(d) process changes or product or raw material substitution
(e) seasonal or controlled discharge options to minimize discharging during critical water quality periods
(f) pollutant trading
(g) water conservation
(h) water recycle and reuse
(i) alternative discharge locations or alternative receiving waters
(j) land application
(k) total containment
(l) improved operation and maintenance of existing treatment systems
([
o]m) other appropriate alternativesAn option more costly than the cheapest alternative may have to be implemented if a substantial benefit to the stream can be realized. Alternatives would generally be considered feasible where costs are no more than 20% higher than the cost of the discharging alternative, and (for POTWs) where the projected per connection service fees are not greater than 1.4% of MAGHI (median adjusted gross household income), the current affordability criterion now being used by the Water Quality Board in the wastewater revolving loan program. Alternatives within these cost ranges should be carefully considered by the discharger. Where State financing is appropriate, a financial assistance package may be influenced by this evaluation, i.e., a less polluting alternative may receive a more favorable funding arrangement in order to make it a more financially attractive alternative.
It must also be recognized in relationship to evaluating options that would avoid or reduce discharges to the stream, that in some situations it may be more beneficial to leave the water in the stream for instream flow purposes than to remove the discharge to the stream.
3. Special Procedures for 404 Permits.
For 404 permitted activities, all appropriate alternatives to avoid and minimize degradation should be evaluated. Activities involving a discharge of dredged or fill materials that are considered to have more than minor adverse affects on the aquatic environment are regulated by individual CWA Section 404 permits. The decision-making process relative to the 404 permitting program is contained in the 404(b)(1) guidelines (40 CFR Part 230). Prior to issuing a permit under the 404(b)(1) guidelines, the Corps of Engineers:
(a) makes a determination that the proposed activity discharges are unavoidable (i.e., necessary):
(b) examines alternatives to the proposed activity and authorize only the least damaging practicable alternative; and
(c) requires mitigation for all impacts associated with the activity. A 404(b)(1) finding document is produced as a result of this procedure and is the basis for the permit decision. Public participation is provided for in the process. Because the 404(b)(1) guidelines contains an alternatives analysis, the executive secretary will not require development of a separate alternatives analysis for the anti-degradation review. The division will use the analysis in the 404(b)(1) finding document in completing its anti-degradation review and 401 certification.
4. Does the proposed activity have economic and social importance?
Although it is recognized that any activity resulting in a discharge to surface waters will have positive and negative aspects, information must be submitted by the applicant that any discharge or increased discharge will be of economic or social importance in the area.
The factors addressed in such a demonstration may include, but are not limited to, the following:
(a) employment (i.e., increasing, maintaining, or avoiding a reduction in employment);
(b) increased production;
(c) improved community tax base;
(d) housing;
(e) correction of an environmental or public health problem; and
(f) other information that may be necessary to determine the social and economic importance of the proposed surface water discharge.
5. The applicant may submit a proposal to mitigate any adverse environmental effects of the proposed activity (e.g., instream habitat improvement, bank stabilization). Such mitigation plans should describe the proposed mitigation measures and the costs of such mitigation. Mitigation plans will not have any effect on effluent limits or conditions included in a permit (except possibly where a previously completed mitigation project has resulted in an improvement in background water quality that affects a water quality-based limit). Such mitigation plans will be developed and implemented by the applicant as a means to further minimize the environmental effects of the proposed activity and to increase its socio-economic importance. An effective mitigation plan may, in some cases, allow the Executive Secretary to authorize proposed activities that would otherwise not be authorized.
6. Will water quality standards be violated by the discharge?
Proposed activities that will affect the quality of waters of the state will be allowed only where the proposed activity will not violate water quality standards.
7. Will existing uses be maintained and protected?
Proposed activities can only be allowed if "existing uses" will be maintained and protected. No UPDES permit will be allowed which will permit numeric water quality standards to be exceeded in a receiving water outside the mixing zone. In the case of nonpoint pollution sources, the non-regulatory Section 319 program now in place will address these sources through application of best management practices to ensure that numeric water quality standards are not exceeded.
8. If a situation is found where there is an existing use which is a higher use (i.e., more stringent protection requirements) than that current designated use, the Division will apply the water quality standards and anti-degradation policy to protect the existing use. Narrative criteria may be used as a basis to protect existing uses for parameters where numeric criteria have not been adopted. Procedures to change the stream use designation to recognize the existing use as the designated use would be initiated.
d. Special Procedures for Drinking Water Sources
An Antidegradation Level II Review [
may]will be required by the Executive Secretary for discharges to waters with a Class 1C drinking water use assigned[, irrespective of whether any of the conditions in Section 3.4 b. applies. Factors to be considered may include the volume of the discharge compared to the flow of the receiving stream, or where the pollutants discharged may have potentially adverse impact on the drinking water supply].Depending upon the locations of the discharge and its proximity to downstream drinking water diversions, additional treatment or more stringent effluent limits or additional monitoring, beyond that which may otherwise be required to meet minimum technology standards or in stream water quality standards, may be required by the Executive Secretary in order to adequately protect public health and the environment. Such additional treatment may include additional disinfection, suspended solids removal to make the disinfection process more effective, removal of any specific contaminants for which drinking water maximum contaminant levels (MCLs) exists, and/or nutrient removal to reduce the organic content of raw water used as a source for domestic water systems.
Additional monitoring may include analyses for viruses, Giardia, Cryptosporidium, other pathogenic organisms, and/or any contaminant for which drinking water MCLs exist. Depending on the results of such monitoring, more stringent treatment may then be required.
The additional treatment/effluent limits/monitoring which may be required will be determined by the Executive Secretary after consultation with the Division of Drinking Water and the downstream drinking water users.
e. Public Notice
The public will be provided notice and an opportunity to comment on the conclusions of all completed antidegradation reviews. Where possible, public notice on the antidegradation review conclusions will be combined with the public notice on the proposed permitting action. In the case of UPDES permits, public notice will be provided through the normal permitting process, as all draft permits are public noticed for 30 days, and public comment solicited, before being issued as a final permit. The Statement of Basis for the draft UPDES permit will contain information on how the ADR was addressed including results of the Level I and Level II reviews. In the case of Section 404 permits from the Corps of Engineers, the Division of Water Quality will develop any needed 401 Certifications and the public notice will be published in conjunction with the US Corps of Engineers public notice procedures. Other permits requiring a Level II review will receive a separate public notice according to the normal State public notice procedures.
. . . . . . .
R317-2-6. Use Designations.
The Board as required by Section 19-5-110, shall group the waters of the state into classes so as to protect against controllable pollution the beneficial uses designated within each class as set forth below. Surface waters of the state are hereby classified as shown in R317-2-13.
6.1 Class 1 -- Protected for use as a raw water source for domestic water systems.
a. Class 1A -- Reserved.
b. Class 1B -- Reserved.
c. Class 1C -- Protected for domestic purposes with prior treatment by treatment processes as required by the Utah Division of Drinking Water
6.2 Class 2 -- Protected for recreational use and aesthetics.
a. Class 2A -- Protected for frequent primary contact recreation where there is a high [
likehood]likelihood of ingestion of water or a high degree of bodily contact with the water. Examples include, but are not limited to, swimming, rafting, kayaking, diving, and water skiing.b. Class 2B -- Protected for infrequent primary contact recreation. Also protected for secondary contact recreation where there is a low likelihood of ingestion of water or a low degree of bodily contact with the water. Examples include, but are not limited to, wading, hunting, and fishing.
6.3 Class 3 -- Protected for use by aquatic wildlife.
a. Class 3A -- Protected for cold water species of game fish and other cold water aquatic life, including the necessary aquatic organisms in their food chain.
b. Class 3B -- Protected for warm water species of game fish and other warm water aquatic life, including the necessary aquatic organisms in their food chain.
c. Class 3C -- Protected for nongame fish and other aquatic life, including the necessary aquatic organisms in their food chain.
d. Class 3D -- Protected for waterfowl, shore birds and other water-oriented wildlife not included in Classes 3A, 3B, or 3C, including the necessary aquatic organisms in their food chain.
e. Class 3E -- Severely habitat-limited waters. Narrative standards will be applied to protect these waters for aquatic wildlife.
6.4 Class 4 -- Protected for agricultural uses including irrigation of crops and stock watering.
6.5 Class 5 -- The Great Salt Lake.
a. Class 5A Gilbert Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation south of the Union Pacific Causeway, excluding all of the Farmington Bay south of the Antelope Island Causeway and salt evaporation ponds.
Beneficial Uses -- Protected for frequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
b. Class 5B Gunnison Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation north of the Union Pacific Causeway and west of the Promontory Mountains, excluding salt evaporation ponds.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
c. Class 5C Bear River Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation north of the Union Pacific Causeway and east of the Promontory Mountains, excluding salt evaporation ponds.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
d. Class 5D Farmington Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation east of Antelope Island and south of the Union Pacific Causeway, excluding salt evaporation ponds.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
e. Class 5E Transitional [
Wetlands]Waters along the Shoreline of the Great Salt Lake Geographical Boundary -- All [wetlands]waters below approximately 4,208-foot elevation to the current lake elevation of the open water of the Great Salt Lake receiving their source water from naturally occurring springs[,] and streams, impounded wetlands, or facilities requiring a UPDES permit. The geographical areas of these transitional [wetlands]waters change corresponding to the fluctuation of open water elevation.Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
R317-2-7. Water Quality Standards.
7.1 Application of Standards
The numeric criteria listed in R317-2-14 shall apply to each of the classes assigned to waters of the State as specified in R317-2-6. It shall be unlawful and a violation of these regulations for any person to discharge or place any wastes or other substances in such manner as may interfere with designated uses protected by assigned classes or to cause any of the applicable standards to be violated, except as provided in R317-1-3.1. At a minimum, assessment of the beneficial use support for waters of the state will be conducted bi[
a]ennially and available for a 30-day period of public comment and review. Monitoring locations and target indicators of water quality standards shall be prioritized and published yearly.[For water quality assessment purposes (with the exception of TABLE 2.14.5 LIST OF HUMAN HEALTH CRITERIA (CONSUMPTION)), up to 10% of representative samples may exceed the standard.] For water quality assessment purposes, up to 10 percent of the representative samples may exceed the minimum or maximum criteria for dissolved oxygen, pH, E. coli, total dissolved solids, and temperature, including situations where such criteria have been adopted on a site-specific basis. The Board may allow site specific modifications based upon bioassay or other tests performed in accordance with standard procedures determined by the Board.7.2 Narrative Standards
It shall be unlawful, and a violation of these regulations, for any person to discharge or place any waste or other substance in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum or other nuisances such as color, odor or taste; or cause conditions which produce undesirable aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations of substances which produce undesirable physiological responses in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by bioassay or other tests performed in accordance with standard procedures.
R317-2-12. Category 1 and Category 2 Waters.
12.1 Category 1 Waters.
In addition to assigned use classes, the following surface waters of the State are hereby designated as Category 1 Waters:
a. All surface waters geographically located within the outer boundaries of U.S. National Forests whether on public or private lands with the following exceptions:
[
All High Quality Waters -]Category 2 Waters as listed in R317-2-12.2.Weber River, a tributary to the Great Salt Lake, in the Weber River Drainage from Uintah to Mountain Green.
b. Other surface waters, which may include segments within U.S. National Forests as follows:
1. Colorado River Drainage
Calf Creek and tributaries, from confluence with Escalante River to headwaters.
Sand Creek and tributaries, from confluence with Escalante River to headwaters.
Mamie Creek and tributaries, from confluence with Escalante River to headwaters.
Deer Creek and tributaries, from confluence with Boulder Creek to headwaters (Garfield County).
Indian Creek and tributaries, through Newspaper Rock State Park to headwaters.
2. Green River Drainage
Price River (Lower Fish Creek from confluence with White River to Scofield Dam.
Range Creek and tributaries, from confluence with Green River to headwaters.
Strawberry River and tributaries, from confluence with Red Creek to headwaters.
Ashley Creek and tributaries, from Steinaker diversion to headwaters.
Jones Hole Creek and tributaries, from confluence with Green River to headwaters.
Green River, from state line to Flaming Gorge Dam.
Tollivers Creek, from confluence with Green River to headwaters.
Allen Creek, from confluence with Green River to headwaters.
3. Virgin River Drainage
North Fork Virgin River and tributaries, from confluence with East Fork Virgin River to headwaters.
East Fork Virgin River and tributaries from confluence with North Fork Virgin River to headwaters.
4. Kanab Creek Drainage
Kanab Creek and tributaries, from irrigation diversion at confluence with Reservoir Canyon to headwaters.
5. Bear River Drainage
Swan Creek and tributaries, from Bear Lake to headwaters.
North Eden Creek, from Upper North Eden Reservoir to headwaters.
Big Creek and tributaries, from Big Ditch diversion to headwaters.
Woodruff Creek and tributaries, from Woodruff diversion to headwaters.
6. Weber River Drainage
Burch Creek and tributaries, from Harrison Boulevard in Ogden to headwaters.
Hardscrabble Creek and tributaries, from confluence with East Canyon Creek to headwaters.
Chalk Creek and tributaries, from U.S. Highway 189 to headwaters.
Weber River and tributaries, from U.S. Highway 189 near Oakley to headwaters.
7. Jordan River Drainage
City Creek and tributaries, from City Creek Water Treatment Plant to headwaters (Salt Lake County).
Emigration Creek and tributaries, from Hogle Zoo to headwaters (Salt Lake County).
Red Butte Creek and tributaries, from Foothill Boulevard in Salt Lake City to headwaters.
Parley's Creek and tributaries, from 13th East in Salt Lake City to headwaters.
Mill Creek and tributaries, from Wasatch Boulevard in Salt Lake City to headwaters.
Big Cottonwood Creek and tributaries, from Wasatch Boulevard in Salt Lake City to headwaters.
Little Willow Creek and tributaries, from diversion to headwaters (Salt Lake County.)
Bell Canyon Creek and tributaries, from Lower Bells Canyon Reservoir to headwaters (Salt Lake County).
South Fork of Dry Creek and tributaries, from Draper Irrigation Company diversion to headwaters (Salt Lake County).
8. Provo River Drainage
Upper Falls drainage above Provo City diversion (Utah County).
Bridal Veil Falls drainage above Provo City diversion (Utah County).
Lost Creek and tributaries, above Provo City diversion (Utah County).
9. Sevier River Drainage
Chicken Creek and tributaries, from diversion at canyon mouth to headwaters.
Pigeon Creek and tributaries, from diversion to headwaters.
East Fork of Sevier River and tributaries, from Kingston diversion to headwaters.
Parowan Creek and tributaries, from Parowan City to headwaters.
Summit Creek and tributaries, from Summit City to headwaters.
Braffits Creek and tributaries, from canyon mouth to headwaters.
Right Hand Creek and tributaries, from confluence with Coal Creek to headwaters.
10. Raft River Drainage
Clear Creek and tributaries, from state line to headwaters (Box Elder County).
Birch Creek (Box Elder County), from state line to headwaters.
Cotton Thomas Creek from confluence with South Junction Creek to headwaters.
11. Western Great Salt Lake Drainage
All streams on the south slope of the Raft River Mountains above 7000' mean sea level.
Donner Creek (Box Elder County), from irrigation diversion to Utah-Nevada state line.
Bettridge Creek (Box Elder County), from irrigation diversion to Utah-Nevada state line.
Clover Creek, from diversion to headwaters.
All surface waters on public land on the Deep Creek Mountains.
12. Farmington Bay Drainage
Holmes Creek and tributaries, from Highway US-89 to headwaters (Davis County).
Shepard Creek and tributaries, from Height Bench diversion to headwaters (Davis County).
Farmington Creek and tributaries, from Height Bench Canal diversion to headwaters (Davis County).
Steed Creek and tributaries, from Highway US-89 to headwaters (Davis County).
12.2 Category 2 Waters.
In addition to assigned use classes, the following surface waters of the State are hereby designated as Category 2 Waters:
a. Green River Drainage
Deer Creek, a tributary of Huntington Creek, from the forest boundary to 4800 feet upstream.
Electric Lake.
R317-2-13. Classification of Waters of the State (see R317-2-6).
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 [and] from [
tributaries,Lake]
Powell to headwaters except
as listed below 2B 3B 4
confluence with Boulder Creek to
headwaters, including Boulder Creek 2B 3A 4
[Boulder Creek and tributaries 2B 3A 4]
From confluence with Escalante
River to headwaters
Calf Creek and tributaries 2B 3A 4
From confluence with Escalante
River to headwaters
Sand Creek and tributaries 2B 3A 4
From confluence with Escalante
River to headwaters
Death Hollow Creek and tributaries 2B 3A 4
From confluence with Escalante
River to headwaters
Pine Creek and tributaries 2B 3A 4
From confluence with Escalante
River to headwaters
North Creek and tributaries 2B 3A 4
From confluence with Escalante
River to headwaters
Birch Creek and tributaries 2B 3A 4
From confluence with Escalante
River to headwaters
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
Fremont 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 Rive 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 2B 3A 4
Muddy Creek and tributaries,
from confluence with Fremont
River to Highway U-10
crossing, except as listed
below 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 2B 3A 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 4b. Green River Drainage
. . . . . . .
13.2 Lower Colorado River Basin
. . . . . . .
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 (the Mayor's Pond) 2B 3C 4
Box Elder Creek, from Brigham
City Reservoir (the Mayor's Pond)
to headwaters 2B 3A 4
Salt Creek, from confluence with
Bear River to Crystal Hot Springs 2B 3B [3C] 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 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 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[, except as listed] 2B 3A 4
below
[Saleratus Creek, from confluence]
with Bear River to Deseret Ranch
high Ditch Diversion 2B 3C 3D 4
Saleratus Creek from Deseret Ranch
High Ditch Diversion to Headwaters 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. . . . . . .
13.11 National Wildlife Refuges and State
Waterfowl Management Areas, and other Areas Associated with the Great Salt Lake
TABLE
Bear River National Wildlife
Refuge, Box Elder County 2B 3B 3D
[Open Water below 4,208 5C]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Bear River Bay
Open Water below approximately 4,208 ft. 5C
Transitional [Wetlands] Waters approximately
4,208 ft. to Open Water 5E
Open Water above approximately
4,208 ft. 2B 3B 3D
Brown's Park Waterfowl Management
Area, Daggett County 2B 3A 3D
Clear Lake Waterfowl Management
Area, Millard County 2B 3C 3D
Desert Lake Waterfowl Management
Area, Emery County 2B 3C 3D
Farmington Bay Waterfowl
Management Area, Davis and
Salt Lake Counties 2B 3C 3D
[Open Water below 4,208 5D]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Farmington Bay
Open Water below approximately
4,208 ft. 5[C]D
Transitional [Wetlands]Waters approximately
4,208 ft. to Open Water 5E
Open Water above approximately
4,208 ft. 2B 3B 3D
Fish Springs National
Wildlife Refuge, Juab County 2B 3C 3D
Harold Crane Waterfowl
Management Area, Box Elder
County 2B 3C 3D
Gilbert Bay
Open Water below approximately
4,208 ft. 5A
Transitional [Wetlands]Waters approximately
4,208 ft. to Open Water 5E
Open Water above approximately
4,208 ft. 2B 3B 3D
Gunnison Bay
Open Water below approximately
4,208 ft. 5B
Transitional [Wetlands]Waters approximately
4,208 ft. to Open Water 5E
Open Water above approximately
4,208 ft. 2B 3B 3D
Howard Slough Waterfowl
Management Area, Weber County 2B 3C 3D
[Open Water below 4,208 5C]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Locomotive Springs Waterfowl
Management Area, Box Elder County 2B 3B 3D
[Open Water below 4,208 5B]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Ogden Bay Waterfowl Management
Area, Weber County 2B 3C 3D
[Open Water below 4,208 5C]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Ouray National Wildlife Refuge,
Uintah County 2B 3B 3D
Powell Slough Waterfowl
Management Area, Utah County 2B 3C 3D
Public Shooting Grounds Waterfowl
Management Area, Box Elder County 2B 3C 3D
[Open Water below 4,208 5C]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Salt Creek Waterfowl Management
Area, Box Elder County 2B 3C 3D
[Open Water below 4,208 5C]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Stewart Lake Waterfowl Management
Area, Uintah County 2B 3B 3D
Timpie Springs Waterfowl
Management Area, Tooele County 2B 3B 3D
[Open Water below 4,208 5B]
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D13.12 Lakes and Reservoirs. All lakes and any reservoirs greater than 10 acres not listed in 13.12 are assigned by default to the classification of the stream with which they are associated.
. . . . . . .
[
13.13 Great Salt Lake** For site specific temperature criteria See Table 2.14.2 Footnote 3.TABLE
Box Elder, Davis, Salt Lake,
Tooele, and Weber County 5]
13.[
14]13 Unclassified WatersAll waters not specifically classified are presumptively classified as 2B, 3D.
R317-2-14. Numeric Criteria.
TABLE 2.14.1
NUMERIC CRITERIA FOR DOMESTIC,
RECREATION, AND AGRICULTURAL USES
Parameter Domestic Recreation and Agri-
Source Aesthetics culture
1C 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 (3) 1.4-2.4
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)
Chlorophenoxy
Herbicides
2,4-D 70
2,4,5-TP 10
Methoxychlor 40
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) Reserved
(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) Maximum concentration varies according to the daily
maximum mean air temperature.
TEMP (C) MG/L
12.0 2.4
12.1-14.6 2.2
14.7-17.6 2.0
17.7-21.4 1.8
21.5-26.2 1.6
26.3-32.5 1.4
(4) Site-specific criteria for total dissolved solids may
be adopted by rulemaking where it is demonstrated that: (a) a
less stringent criterion is appropriate because of natural or
un-alterable conditions; or (b) a less stringent, site-specific
criterion and/or date-specified criterion is protective of existing
and attainable agricultural uses; or (c) a more stringent criterion
is attainable and necessary for the protection of sensitive crops.
For water quality assessment purposes, up to 10% of representative
samples may exceed the standard.
SITE SPECIFIC STANDARDS FOR TOTAL DISSOLVED SOLIDS (TDS)
[Antelope Creek and tributaries from confluence with Duchesne River]
to headwaters: 2,655 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 I-57:
3,500 mg/l;
Ferron Creek from the confluence with San Rafael River to Highway
10: 3,500 mg/l;
Huntington Creek and tributaries from the confluence with Cottonwood
Creek to U-10: 4,800 mg/l;
[Indian Canyon Creek and tributaries from confluence with Duchesne]
River to headwaters: 2,180 mg/l;
Ivie Creek and its tributaries from the confluence with Muddy Creek
to U-10: 2,600 mg/l;
Lost Creek from the confluence with Sevier River to U.S. Forest
Service Boundary: 4,600 mg/l;
Muddy Creek and tributaries from the confluence with Ivie Creek to
U-10: 2,600 mg/l;
Muddy Creek from confluence with Fremont River to confluence with
Quitchupah 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 U-119 Crossing: 9,700 mg/l;
[Paria River from the Utah/Arizona border to confluence of Cottonwood]
Wash: 1,500 mg/l;
Paria River from confluence of Rock Springs Creek to headwaters:
2,500 mg/l;
Price River and tributaries [up to 7,500 feet in elevation] from
confluence with Green River to confluence with Soldier Creek:
3,000 mg/l;
Price River and tributaries [up to 7,500 feet in elevation] from the
confluence with [Soldier]Coal Creek to Carbon Canal Diversion:
1,700 mg/l[with the following exceptions:]
Soldier Creek and tributaries to 7,200 feet in elevation from
confluence with Price River: 1,700 mg/l;
Coal Creek and tributaries to 7,200 feet in elevation from
confluence with Price River: 1,700 mg/l;
Pinnacle Creek and tributaries to 7,500 feet in elevation from
confluence with Price River: 3,800 mg/l;
Gordon Creek Creek and tributaries to 7,500 feet in elevation from
confluence with Price River: 3,800 mg/l;
Price River and tributaries from the confluence with Green River to
confluence with Soldier Creek: 3,000 mg/l;
Quitchupah Creek from the confluence with Ivie Creek to U-10: 1,700 mg/l;
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 Clear Lake: 3,370 mg/l;
[South Fork Spring Creek and Spring Creek from the confluence]
with Cutler Reservoir to US 89: 1,600 mg/l (March-Sept.)
2,400 mg/l (Oct.-Feb.)
South Fork Spring Creek from confluence with Pelican Pond
Slough Stream to US 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.
(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.. . . . . . .
(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[
s] as follows:TABLE
[g Sampling Egg Response]
Concentration
(% of
Standard)
Water column, Eggs mg/kg
Brine Shrimp,
and Brine
Shrimp Eggs
4 Locations 1 Location Up to 40% None
prior to for 1
nesting Species
season
4 Locations 2 Locations 40% Level II
With for 1 Antidegradation Review
Quarterly Species required for all new
Frequency permits and renewals
8 Locations 2 Locations 60% Implementation of
With for 2 annual selenium
Quarterly Species loading caps of GSL
Frequency permits
8 Locations 3 Locations 80% Preliminary studies of
With for 2 load reductions
Quarterly Species;
Frequency Hatchability
on 2
species
100% Impairment: TMDL
required
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.
[Additional assessment procedures associated with this standard]Antidegradation
are referenced at R317-2-7.1 Application of Standards.
Level II Review procedures associated with this standard are referenced
at R317-2-3.5.C.. . . . . . .
KEY: water pollution, water quality standards
Date of Enactment or Last Substantive Amendment: [
2008]2009Notice of Continuation: October 2, 2007
Authorizing, and Implemented or Interpreted Law: 19-5
Document Information
- Effective Date:
- 1/7/2009
- Publication Date:
- 12/01/2008
- Filed Date:
- 11/12/2008
- Agencies:
- Environmental Quality,Water Quality
- Rulemaking Authority:
Section 19-5-105
- Authorized By:
- Walter Baker, Director
- DAR File No.:
- 31650
- Related Chapter/Rule NO.: (1)
- R317-2. Standards of Quality for Waters of the State.