No. 29294 (Amendment): R317-6. Ground Water Quality Protection

DAR File No.: 29294
Filed: 11/30/2006, 05:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments provide clarifying language pertaining to soil petroleum cleanup procedures and standards and authorize local city/county health districts to regulate transportation petroleum spills.

Summary of the rule or change:

The proposed changes: 1) define an Interim Action Report required for soil petroleum; 2) define "Local Health Department" consistent with Rule R317-3; 3) define "Non Sensitive Areas" that require less stringent soil cleanup; 4) expand the definition of pollutant to include petroleum hydrocarbons; 5) define "Sensitive Areas" that require more stringent soil cleanup standards; 6) replace the term "oil" with "petroleum hydrocarbons" to broaden the list of substances included in the rule; 7) require soil cleanup standards compliance for oil and diesel fuel spills over 25 gallons; 8) establish oil cleanup levels for total petroleum hydrocarbons for sensitive and nonsensitive areas and designate the local health department as the regulatory authority; 9) require confirmation soil samples to confirm adequate cleanup and designate the local health department as the regulatory authority; 10) designate the local health department as the regulatory authority for soil disposal locations; and 11) require submittal of an Interim Action Report to the local health department.

State statutory or constitutional authorization for this rule:

Section 19-5-104

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The proposed amendments will be implemented using existing resources. The proposed rule formalizes procedures currently being implemented by the Division of Water Quality.

local governments:

In general, the proposed amendments reflect current practices and operating conditions between the Division of Water Quality and the local health departments. The local health departments are usually the first responders to a transportation-related petroleum spill if one should occur within the health district. Local health departments may incur minimal costs associated with additional staff time to write close out correspondence to the responsible party when cleanup requirements have been achieved. However, established soil cleanup standards will help with consistency of petroleum cleanups throughout the state, making the local health department's oversight of spills easier and more efficient to administer resulting in a potential cost savings.

other persons:

No significant costs or savings to other persons. Currently, the responsible person has been required to clean up contaminated soil after a spill. Some variability in cleanup requirement exists across different local health department districts. The proposed amendments formalize a clear and consistent set of cleanup standards that are required to be met regardless of where the spill occurs.

Compliance costs for affected persons:

The proposed amendments require the responsible person to achieve soil petroleum cleanup standard following a spill; collect and analyze soil cleanup confirmation samples; properly dispose of contaminated soil; and prepare an Interim Action Report. However, similar actions are currently required in a number of different variations across different local health departments. Due to the variability of these requirements and the site specific nature of specific spill events, it is difficult to arrive at a net cost (or benefit) to to affected persons. Overall, the Division estimates that the proposed amendments no be cost-neutral to the regulated community.

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

The proposed amendments are not anticipated to have a significant fiscal impact on businesses. The proposed changes formalize a clear and consistent set of state-wide cleanup standards and procedures for petroleum hydrocarbons. Similar requirements are currently being implemented in various forms by each local health department. Dianne R. Nielson, 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 84116-3231

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 [e-mail]

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:

01/15/2007

This rule may become effective on:

01/22/2007

Authorized by:

Walter Baker, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-6. Ground Water Quality Protection.

R317-6-1. Definitions.

1.1 "Aquifer" means a geologic formation, group of geologic formations or part of a geologic formation that contains sufficiently saturated permeable material to yield usable quantities of water to wells and springs.

1.2 "Background Concentration" means the concentration of a pollutant in ground water upgradient or lateral hydraulically equivalent point from a facility, practice or activity which has not been affected by that facility, practice or activity.

1.3 "Best Available Technology" means the application of design, equipment, work practice, operation standard or combination thereof at a facility to effect the maximum reduction of a pollutant achievable by available processes and methods taking into account energy, public health, environmental and economic impacts and other costs.

1.4 "Best Available Technology Standard" means a performance standard or pollutant concentration achievable through the application of best available technology.

1.5 "Board" means the Utah Water Quality Board.

1.6 "Class TDS Limit" means the upper boundary of the TDS range for an applicable class as specified in Section R317-6-3.

1.7 "Community Drinking Water System" means a public drinking water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

1.8 "Comparable Quality (Source)" means a potential alternative source or sources of water supply which has the same general quality as the ground water source.

1.9 "Comparable Quantity (Source)" means a potential alternative source of water supply capable of reliably supplying water in quantities sufficient to meet the year-round needs of the users served by the ground water source.

1.10 "Compliance Monitoring Point" means a well, seep, spring, or other sampling point used to determine compliance with applicable permit limits.

1.11 "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.

1.12 "Conventional Treatment" means normal and usual treatment of water for distribution in public drinking water supply systems including flocculation, sedimentation, filtration, disinfection and storage.

1.13 "Discharge" means the release of a pollutant directly or indirectly into subsurface waters of the state.

1.14 "Existing Facility" means a facility or activity that was in operation or under construction after August 14, 1989 and before February 10, 1990.

1.15 "Economically Infeasible" means, in the context of a public drinking water source, the cost to the typical water user for replacement water would exceed the community's ability to pay.

1.16 "Executive Secretary" means the Executive Secretary of the Utah Water Quality Board.

1.17 "Facility" means any building, structure, processing, handling, or storage facility, equipment or activity; or contiguous group of buildings, structures, or processing, handling or storage facilities, equipment, or activities or combination thereof.

1.18 "Gradient" means the change in total water pressure head per unit of distance.

1.19 "Ground Water" means subsurface water in the zone of saturation including perched ground water.

1.20 "Ground Water Quality Standards" means numerical contaminant concentration levels adopted by the Board in or under R317-6-2 for the protection of the subsurface waters of the State.

1.21 "Infiltration" means the movement of water from the land surface into the pores of rock, soil or sediment.

1.22 "Institutional Constraints" means legal or other restrictions that preclude replacement water delivery and which cannot be alleviated through administrative procedures or market transactions.

1.23 "Interim Action Reports For Petroleum Releases" means plans prepared specifically to document cleanup of petroleum releases resulting primarily from transportation spills not regulated by the Division of Solid and Hazardous Waste or Division of Environmental Response and Remediation that are submitted to the local health department and should include the following information: map of the location where the spill occurred, sketch of where confirmation samples were collected, quantity of fuel spilled, quantity of soil removed, soil disposal location, certified laboratory analysis report including total petroleum hydrocarbons (TPH) analyzed in the appropriate molecular weight range, and actions taken to control the source and protect public safety, public health, and water quality.

[1.23]1.24 "Lateral Hydraulically Equivalent Point" means a point located hydraulically equal to a facility and in the same ground water with similar geochemistry such that the ground water at that point has not been affected by the facility.

[1.24]1.25 "Limit of Detection" means the concentration of a chemical below which it can not be detected using currently accepted sampling and analytical techniques for drinking water as determined by the U.S. Environmental Protection Agency.

1.26 "Local Health Department" means a city-county or multi-county local health department established under Title 26A.

[1.25]1.27 "New Facility" means a facility for which construction or modification is initiated after February 9, 1990.

1.28 "Non Sensitive Area" means industrial and manufacturing areas previously contaminated and areas not likely to affect human health and exceed groundwater standards or background concentrations.

[1.26]1.29 "Permit Limit" means a ground water pollutant concentration limitation specified in a Ground Water Discharge Permit and may include protection levels, class TDS limits, ground water quality standards, alternate concentration limits, permit-specific ground water quality standards, or limits stipulated in the application and use of best available technology. For facilities permitted by rule under R317-6-6.2, a permit limit is a ground water pollutant concentration limitation specified in R317-6-6.2.B.

[1.27]1.30 "Person" means any individual, corporation, partnership, association, company or body politic, including any agency or instrumentality of the federal, state, or local government.

[1.28]1.31 "Point of Discharge" means the area within outermost location at which effluent or leachate has been stored, applied, disposed of, or discharged; for a diked facility, the outermost edge of the dikes.

[1.29]1.32 "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage, munitions, trash, chemical wastes, petroleum hydrocarbons, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into waters of the state.

[1.30]1.33 "Pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any waters of the State, or such discharge of any liquid, gaseous, or solid substance into any waters of the state as will create a nuisance or render such waters harmful or detrimental or injurious to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

[1.31]1.34 "Professional Engineer" means any person qualified to practice engineering before the public in the state of Utah and professionally registered as required under the Professional Engineers and Professional Land Surveyors Licensing Act rules (UAC 156-22).

[1.32]1.35 "Professional Geologist" means any person qualified to practice geology before the public in the State of Utah and professionally registered as required under the Professional Geologist Licensing Act rules (UAC R156-76).

[1.33]1.36 "Protection Level" means the ground water pollutant concentration levels specified in R317-6-4.

1.37 "Sensitive Area" means those areas that are located near residences, waters of the state, wetlands, or any area where exposure to humans or significant environmental impact is likely to occur.

[1.34]1.38 "Substantial Treatment" means treatment of water utilizing specialized treatment methods including ion exchange, reverse osmosis, electrodialysis and other methods needed to upgrade water quality to meet standards for public water systems.

[1.35]1.39 "Technology Performance Monitoring" means the evaluation of a permitted facility to determine compliance with best available technology standards.

[1.36]1.40 "Total Dissolved Solids (TDS)" means the quantity of dissolved material in a sample of water which is determined by weighing the solid residue obtained by evaporating a measured volume of a filtered sample to dryness; or for many waters that contain more than 1000 mg/l, the sum of the chemical constituents.

[1.37]1.41 "Radius of Influence" means the radial distance from the center of a well bore to the point where there is no lowering of the water table or potentiometric surface because of pumping of the well; the edge of the cone of depression.

[1.38]1.42 "Upgradient" means a point located hydraulically above a facility such that the ground water at that point has not been impacted by discharges from the facility.

[1.39]1.43 "Vadose Zone" means the zone of aeration including soil and capillary water. The zone is bound above by the land surface and below by the water table.

[1.40]1.44 "Waste" see "Pollutant."

[1.41]1.45 "Water Table" means the top of the saturated zone of a body of unconfined ground water at which the pressure is equal to that of the atmosphere.

[1.42]1.46 "Water Table Aquifer" means an aquifer extending downward from the water table to the first confining bed.

[1.43]1.47 "Waters of the State" means all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof; except bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance or a public health hazard, or a menace to fish and wildlife, shall not be considered to be "waters of the state" under this definition.

[1.44]1.48 "Zone of Influence" means the area contained by the outer edge of the drawdown cone of a water well.

 

R317-6-6. Implementation.

6.1 DUTY TO APPLY FOR A GROUND WATER DISCHARGE PERMIT

A. No person may construct, install, or operate any new facility or modify an existing or new facility, not permitted by rule under R317-6-6.2, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, including, but not limited to land application of wastes; waste storage pits; waste storage piles; landfills and dumps; large feedlots; mining, milling and metallurgical operations, including heap leach facilities; and pits, ponds, and lagoons whether lined or not, without a ground water discharge permit from the Executive Secretary. A ground water discharge permit application should be submitted at least 180 days before the permit is needed.

. . . . . . .

6.15 CORRECTIVE ACTION

It is the intent of the Board that the provisions of these regulations should be considered when making decisions under any state or federal superfund action; however, the protection levels are not intended to be considered as applicable, relevant or appropriate clean-up standards under such other regulatory programs.

A. Application of R317-6-6.15

1. Generally - R317-6-6.15 shall apply to any person who discharges pollutants into ground water in violation of Section 19-5-107, or who places or causes to be placed any wastes in a location where there is probable cause to believe they will cause pollution of ground water in violation of Section 19-5-107.

2. Corrective Action shall include, except as otherwise provided in R317-6-6.15, preparation of a Contamination Investigation and preparation and implementation of a Corrective Action Plan.

3. The procedural provisions of R-317-6-6.15 shall not apply to any facility where a corrective or remedial action for ground water contamination, that the Executive Secretary determines meets the substantive standards of this rule, has been initiated under any other state or federal program. Corrective or remedial action undertaken under the programs specified in Table 2 are considered to meet the substantive standards of this rule unless otherwise determined by the Executive Secretary.

 

TABLE 2
PROGRAM

Leaking Underground Storage Tank, Sections 19-6-401, et seq.



Federal Comprehensive Environmental Response, Compensation and

 Liability Act, 42 U.S.C. Sections 9601, et seq.



Hazardous Waste Mitigation Act, Sections 19-6-301 et seq.

Utah Solid and Hazardous Waste Act, Sections 19-6-101 et seq.

 

B. Notification and Interim Action

1. Notification - A person who spills or discharges any [oil]petroleum hydrocarbon or other substance which may cause pollution of ground waters in violation of Section 19-5-107 shall notify the Executive Secretary within 24 hours of the spill or discharge. A written notification shall be submitted to the Executive Secretary within five days after the spill or discharge.

2. Interim Actions - A person is encouraged to take immediate, interim action without following the steps outlined in R317-6-6.15 if such action is required to control a source of pollutants. Interim action is also encouraged if required to protect public safety, public health and welfare and the environment, or to prevent further contamination that would result in costlier clean-up. Such interim actions should include source abatement and control, neutralization, or other actions as appropriate. A person that has taken these actions shall remain subject to R317-6-6.15 after the interim actions are completed unless he demonstrates that:

a. no pollutants have been discharged into ground water in violation of 19-5-107; and

b. no wastes remain in a location where there is probable cause to believe they will cause pollution of ground water in violation of 19-5-107, unless, in the case of diesel fuel and oil releases over 25 gallons, the responsible person demonstrates that the pollutant will not affect ground water quality by complying with the following:

(1) remove contaminated soil to the extent possible, or to established background levels, or 500 mg/kg total petroleum hydrocarbons for sensitive areas, or 5000 mg/kg total petroleum hydrocarbons for non sensitive areas as defined by R317-6-1;

(2) collect soil samples at locations and depths sufficient to document that cleanup has been achieved or as directed by the local health department;

(3) treat or dispose contaminated soil at a location approved by the local health department;

(4) submit an interim action report as defined by R317-6-1.23 or as directed by the local health department.

 

. . . . . . .

 

KEY: water quality, ground water, cleanup standards, petroleum hydrocarbons

Date of Enactment or Last Substantive Amendment: [2006]2007

Notice of Continuation: October 17, 2002

Authorizing, and Implemented or Interpreted Law: 19-5