DAR File No.: 31650
Filed: 07/01/2008, 05:22
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
The Division of Water Quality (DWQ) is required to review its water quality standards at least once every three years. This process, called triennial review, is required by Section 303(c) of the Clean Water Act and must include the opportunity for public and EPA review of the standards as well as DWQ internal review. The review is intended to ensure that standards meet public concerns, reflect new scientific and technical information, and follow EPA guidelines.
Summary of the rule or change:
The changes are: Triennial review wording added; total dissolved solids (TDS) standard modified; E. coli standard modified; beneficial uses for several waterbodies revised; word "High Quality" deleted; Antidegradation review procedures revised; Great Salt Lake segmented into five areas; a tissue-based selenium standard of 12.5 mg/kg added to Gilbert Bay; recreational classifications re-defined; chronic ammonia standard added to all waters of the state; assessment procedures described; site specific classifications for TDS given; site specific standard for South Fork of Spring Creek, (Cache County) added; dissolved oxygen concentration changed from one-day average to minimum value; two organics added to pollutants; approved laboratory methods approved over instrumentation; and the State Canal given same standards as Jordan River.
State statutory or constitutional authorization for this rule:
Section 19-5-105
Anticipated cost or savings to:
the state budget:
No costs or savings to the state budget are anticipated. The proposed amendments will be addressed with existing resources.
local governments:
Impacts to local governments will generally be limited to entities that operate Publicly Owned Treatment Works (POTWs). POTWs may or may not incur additional costs to implement the chronic ammonia standard. Cost estimates for individual facilities will vary based on a number of site-specific factors such as individual treatment processes, classification and quality of the receiving waterbody, and current limits. Dischargers that are required to implement provisions of an Antidegradation Level II Review (ADR) may incur additional costs. The Level II ADR Review consists of an evaluation of whether there are any reasonable nondegrading or less degrading alternatives for the proposed activity. This question will be addressed by the Division based on information provided by the project proponent. These costs are unknown as they will vary as a function of site specific factors and discharge alternative(s) imposed during the ADR process. The current ADR rule allows costs to be no more than 20% higher than the cost of the discharging alternative, and (for POTW) where the projected cost per connection is not greater than 1.4% of the median adjusted gross household income (MAGHI). There may be additional costs associated with removing selenium from discharges if an increase in selenium in waterfowl eggs nesting on the Great Salt Lake is observed. The addition of language allowing a site-specific adjustment of TDS limits could result in either a potential cost or savings depending on the specific conditions found in each waterbody and locale. Actual costs cannot be projected without conducting the analysis required for each individual standard change request.
small businesses and persons other than businesses:
Impacts to businesses and other persons will be limited to entities holding or seeking permits to discharge to the waters of the state. Dischargers may or may not incur additional costs to implement the chronic ammonia standard. Cost estimates for individual facilities will vary based on a number of site-specific factors such as individual treatment processes, classification and quality of the receiving waterbody and current limits. Dischargers that are required to implement provisions of an ADR may incur additional costs. The Level II ADR Review consists of an evaluation of whether there are any reasonable nondegrading or less degrading alternatives for the proposed activity. This question will be addressed by the Division based on information provided by the project proponent. These costs are unknown as they will vary as a function of site specific factors and discharge alternative(s) imposed during the ADR process. The current ADR rule allows costs to be no more than 20% higher than the cost of the discharging alternative, and (for POTW) where the projected cost per connection is not greater than 1.4% of the MAGHI. There may be additional costs associated with removing selenium from discharges if an increase in selenium in waterfowl eggs nesting on the Great Salt Lake is observed. The addition of language allowing a site-specific adjustment of TDS limits could result in either a potential cost or savings depending on the specific conditions found in each waterbody and locale. Actual costs cannot be projected without conducting the analysis required for each individual standard change request.
Compliance costs for affected persons:
Compliance costs for affected persons will be limited to entities holding or seeking permits to discharge to the waters of the state. Dischargers may or may not incur additional costs to implement the chronic ammonia standard. Cost estimates for individual facilities will vary based on a number of site-specific factors such as individual treatment processes, classification and quality of the receiving waterbody, and current limits. Dischargers that are required to implement provisions of an ADR may incur additional costs. The Level II ADR Review consists of an evaluation of whether there are any reasonable nondegrading or less degrading alternatives for the proposed activity. This question will be addressed by the Division based on information provided by the project proponent. These costs are unknown as they will vary as a function of site specific factors and discharge alternative(s) imposed during the ADR process. The current ADR rule allows costs to be no more than 20% higher than the cost of the discharging alternative, and (for POTW) where the projected cost per connection is not greater than 1.4% of the MAGHI. There may be additional costs associated with removing selenium from discharges if an increase in selenium in waterfowl eggs nesting on the Great Salt Lake is observed. The addition of language allowing a site-specific adjustment of TDS limits could result in either a potential cost or savings depending on the specific conditions found in each waterbody and locale. Actual costs cannot be projected without conducting the analysis required for each individual standard change request.
Comments by the department head on the fiscal impact the rule may have on businesses:
Potential impacts to businesses will be limited to entities holding or seeking permits to discharge to the waters of the state. Dischargers may or may not incur additional costs to implement the chronic ammonia standard. Cost estimates for individual facilities will vary based on a number of site-specific factors such as individual treatment processes, classification and quality of the receiving waterbody, and current limits. Dischargers that are required to implement provisions of an ADR may incur additional costs. The Level II ADR Review consists of 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. These costs are unknown as they will vary as a function of site specific factors and discharge alternative(s) imposed during the ADR process. The current ADR rule allows costs to be no more than 20% higher than the cost of the discharging alternative, and (for POTW) where the projected cost per connection is not greater than 1.4% of the MAGHI. There may be additional costs associated with removing selenium from discharges if an increase in selenium in waterfowl eggs nesting on the Great Salt Lake is observed. The addition of language allowing a site-specific adjustment of TDS limits could result in either a potential cost or savings depending on the specific conditions found in each waterbody and locale. Actual costs cannot be projected without conducting the analysis required for each individual standard change request. 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
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:
08/20/2008
Interested persons may attend a public hearing regarding this rule:
8/19/2008 at 6:30 PM, DEQ Bldg, 168 N 150 W, Room 101, Salt Lake City, UT and 8/14/2008 at 1:00 PM, Southeast District Health Department, 28 S 100 E, Price, UT
This rule may become effective on:
09/22/2008
Authorized by:
Walter Baker, Director
RULE TEXT
R317. Environmental Quality, Water Quality.
R317-2. Standards of Quality for Waters of the State.
R317-2-1C. Triennial Review.
The water quality standards shall be reviewed and updated, if necessary, at least once every three years. The Executive Secretary will seek input through a cooperative process from stakeholders representing state and federal agencies, various interest groups, and the public to develop a preliminary draft of changes. Proposed changes will be presented to the Water Quality Board for information. Informal public meetings may be held to present preliminary proposed changes to the public for comments and suggestions. Final proposed changes will be presented to the Water Quality Board for approval and authorization to initiate formal rulemaking. Public hearings will be held to solicit formal comments from the public. The Executive Secretary will incorporate appropriate changes and return to the Water Quality Board to petition for formal adoption of the proposed changes following the Division of Administrative Rules' rulemaking procedures.
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 [
High Quality Waters -]Category 1 WatersWaters 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 [
High Quality Waters -]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 [
High Quality Waters -] Category 1 Waters are listed in R317-2-12.1.3.3 [
High Quality Waters -]Category 2 Waters[
High Quality Waters -]Category 2 Waters are designated surface water segments which are treated as [High Quality Waters -] 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 [High Quality Waters -]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 [
below:]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 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 [
High Quality]Category 1 Waters and [High Quality]Category 2 W[w]aters, reviews shall be consistent with the requirement established in Sections 3.2 and 3.3, respectively.[
For State waters that do not have a High Quality Category 1 or High Quality Category 2 designation, reviews shall be consistent with the procedures identified in Section 3.4 a.-3.4 b.The antidegradation review consists of two parts. An antidegradation Level I review will be to determine if the proposed activity requires an antidegradation Level II review as described in Section 3.4 b. below. If so, further review will be required.]3. For Category 3 Waters, reviews shall be consistent with the requirements established in this sectionb. 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. [
Discharge limits are established in an approved TMDL that is consistent with the current water quality standards for the receiving water (e.g., where TMDLs are established, changes in effluent limits that are consistent with the existing load allocation would not trigger an anti-degradation review), or]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 discharge is to a water quality limited water, and assimilative capacity is essentially allocated to existing discharges.5]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 [DWA]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.[
6. The affected waters are classified as 3C, 3D (and not 3A or 3B), or 3E waters, or are classified only as Class 4.7. The affected waters are considered to be poor quality fisheries as indicated by Utah Division of Wildlife Resource (UDWR) Classes IV, V, and VI with the exception of those waters which add a letter (P, R, N, B, X, or C) to the numerical rating and those which have a "unique rating".8. The water body is listed on the current 303(d) list for the parameters of concern.9. Existing water quality for the parameters of concern does not satisfy applicable numeric and narrative water quality criteria.10. Water quality impacts are expected to be minor. For example: (a) for discharge permit renewals, if the increase in project loading over the prior permit is less than 20%; or (b) if the increase in pollutant loading to the stream is less than 20% over existing background.11. The volume of the discharge is small as compared to the flow of the receiving stream. In general, this would be considered where the ratio of the average stream flow to the discharged flow is expected to be greater than 100:1, the ratio of the 7Q10 (7 day-10 year) low flow to the discharge flow is expected to be greater than 25:1, and where the increase in concentration of the pollutants in the stream at 7Q10 at low flow is expected to be less than 10%, or based upon other site specific criteria.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 may not require a Level II review for other parameters that will be affected by the proposed activity. An antidegradation review may be required by the Executive Secretary if the receiving water is a drinking water source, if the receiving water has a special value for recreation or fisheries, if an existing use may be impaired, or based on other site-specific factors as appropriate.]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) seasonal or controlled discharge options to minimize discharging during critical water quality periods]([
g]f) pollutant trading([
h]g) water conservation([
i]h) water recycle and reuse([
j]i) alternative discharge locations or alternative receiving waters([
k]j) land application([
l]k) total containment([
m]l) improved operation and maintenance of existing treatment systems([
n]o) 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 Review may 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]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.
R317-2-4. Colorado River Salinity Standards.
In addition to quality protection afforded by these regulations to waters of the Colorado River and its tributaries, such waters shall be protected also by requirements of "Proposed Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation for Salinity Control, Colorado River System, June 1975" and a supplement dated August 26, 1975, entitled "Supplement, including Modifications to Proposed Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation for Salinity Control, Colorado River System, June 1975", as approved by the seven Colorado River Basin States and the U.S. Environmental Protection Agency, as updated by the 1978 Revision and the 1981, 1984, 1987, 1990, 1993, 1996, 1999, 2002, 2005, and [
2002]2008 Reviews of the above documents.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 [
such as swimming.]where there is a high likehood 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 [
such as boating, wading, or similar uses.]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.[
Protected for primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary aquatic organisms in their food chain, and mineral extraction.]a. Class 5A Gilbert Bay
Geographical Boundary -- All open waters at or below 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 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 4,208-foot elevation north of the Union Pacific Causeway and west of the Promontory Mountains, excluding salt evaporation ponds.
Beneficial Uses -- Protected for 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 4,208-foot elevation north of the Union Pacific Causeway and east of the Promontory Mountains, excluding salt evaporation ponds.
Beneficial Uses -- Protected for 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 4,208-foot elevation east of Antelope Island and south of the Union Pacific Causeway, excluding salt evaporation ponds.
Beneficial Uses -- Protected for secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
e. Class 5E Transitional Wetlands along the Shoreline of the Great Salt Lake Geographical Boundary -- All wetlands below 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, streams, impounded wetlands, or facilities requiring a UPDES permit. The geographical areas of these transitional wetlands change corresponding to the fluctuation of open water elevation.
Beneficial Uses -- Protected for 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 biannually 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. 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. [
High Quality]Category 1 and Category 2 Waters.12.1 [
High Quality Waters -] Category 1 Waters.In addition to assigned use classes, the following surface waters of the State are hereby designated as [
High Quality Waters -] 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 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 [
High Quality Waters -] Category 2 Waters.In addition to assigned use classes, the following surface waters of the State are hereby designated as [
High Quality Waters -] 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
Escalante River and
tributaries, from Lake
Powell to headwaters except
as listed below [confluence with] 2B 3B [
Boulder Creek3C] 4
[Escalante River and]
tributaries, from confluence
with Boulder Creek, including
Boulder Creek, to headwaters 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 [2B] 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 [2B] 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
TABLE
Green River and tributaries, from
confluence with Colorado River to
state line except as listed below: 1C 2A [2B] 3B 4
Thompson Creek and tributaries
from Interstate Highway 70 to
headwaters 2B 3C 4
San Rafael River and
tributaries, from confluence
with Green River to confluence
with Ferron Creek 2B 3C 4
Ferron Creek and tributaries,
from confluence with San
Rafael River to Millsite
Reservoir 2B 3C 4
Ferron Creek and tributaries,
from Millsite Reservoir to
headwaters 1C 2B 3A 4
Huntington Creek and
tributaries, from confluence
with Cottonwood Creek to
Highway U-10 crossing 2B 3C 4
Huntington Creek and
tributaries, from Highway
U-10 crossing to headwaters 1C 2B 3A 4
Cottonwood Creek and
tributaries, from confluence
with Huntington Creek to
Highway U-57 crossing 2B 3C 4
Cottonwood Creek and
tributaries, from Highway
U-57 crossing to headwaters 1C 2B 3A 4
Cottonwood Canal, Emery
County 1C 2B 3E 4
Price River and tributaries,
from confluence with Green
River to Carbon Canal
Diversion at Price City Golf Course 2B 3C 4
Except as listed below
Grassy Trail Creek and
tributaries, from Grassy
Trail Creek Reservoir to
headwaters 1C 2B 3A 4
Price River and tributaries,
from Carbon Canal Diversion at Price
City Golf Course to Price City Water
Water Treatment Plant intake. 2B 3A 4
Price River and tributaries,
from Price
City Water Treatment Plant
intake to headwaters 1C 2B 3A 4
Range Creek and tributaries,
from confluence with Green
River to Range Creek Ranch 2B 3A 4
Range Creek and tributaries,
from Range Creek Ranch to
headwaters 1C 2B 3A 4
Rock Creek and tributaries,
from confluence with Green
River to headwaters 2B 3A 4
Nine Mile Creek and
tributaries, from confluence
with Green River to headwaters 2B 3A 4
Pariette Draw and
tributaries, from confluence
with Green River to headwaters 2B 3B 3D 4
Willow Creek and tributaries
(Uintah County), from
confluence with Green River
to headwaters 2B 3A 4
White River and tributaries,
from confluence with Green
River to state line, except
as listed below 2B 3B 4
Bitter Creek and Tributaries
from White River to Headwaters 2B 3A 4
Duchesne River and
tributaries, from confluence
with Green River to Myton
Water Treatment Plant intake, except
as listed below 2B 3B 4
Uinta River and tributaries,
From confluence with Duchesne
River to Highway US-40 crossing 2B 3B 4
Uinta River and tributaries,
From Highway US-4- crossing
to headwaters 2B 3A 4
Power House Canal from
Confluence with Uinta River
to headwaters 2B 3A 4
Whiterocks River and Canal,
From Tridell Water
Treatment Plant to
Headwaters 1C 2B 3A 4
Duchesne River and
tributaries, from Myton
Water Treatment Plant intake
to headwaters 1C 2B 3A 4
Lake Fork River and
tributaries, from confluence
with Duchesne River to
headwaters 1C 2B 3A 4
Lake Fork Canal from Dry
Gulch Canal Diversion to
Moon Lake 1C 2B 3E 4
Dry Gulch Canal, from
Myton Water Treatment
Plant to Lake Fork Canal 1C 2B 3E 4
Ashley Creek and
tributaries, from confluence
with Green River to
Steinaker diversion 2B 3B 4
Ashley Creek and tributaries,
from Steinaker diversion to
headwaters 1C 2B 3A 4
Big Brush Creek and
tributaries, from confluence
with Green River to Tyzack
(Red Fleet) Dam 2B 3B 4
Big Brush Creek and
tributaries, from Tyzack
(Red Fleet) Dam to
headwaters 1C 2B 3A 4
Jones Hole Creek and
tributaries, from confluence
with Green River to
headwaters 2B 3A
Diamond Gulch Creek and
tributaries, from confluence
with Green River to
headwaters 2B 3A 4
Pot Creek and tributaries,
from Crouse Reservoir to
headwaters 2B 3A 4
Green River and tributaries, from
Utah-Colorado state line to Flaming Gorge Dam
except as listed below: 2A [2B] 3A 4
Sears Creek and tributaries,
Daggett County 2B 3A
Tolivers Creek and
tributaries, Daggett County 2B 3A
Red Creek and tributaries,
from confluence with Green
River to state line 2B 3C 4
Jackson Creek and
tributaries, Daggett County 2B 3A
Davenport Creek and
tributaries, Daggett County 2B 3A
Goslin Creek and tributaries,
Daggett County 2B 3A
Gorge Creek and tributaries,
Daggett County 2B 3A
Beaver Creek and tributaries,
Daggett County 2B 3A
O-Wi-Yu-Kuts Creek and
tributaries, County 2B 3A
Tributaries to Flaming Gorge
Reservoir, except as listed below 2B 3A 4
Birch Spring Draw and
tributaries, from Flaming
Gorge Reservoir to headwaters 2B 3C 4
Spring Creek and tributaries,
from Flaming Gorge Reservoir
to headwaters 2B 3A
All Tributaries of Flaming Gorge
Reservoir from Utah-Wyoming state line
to headwaters 2B 3A 413.2 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 3C
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
below 2B 3A 4
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. . . . . . .
13.5 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 Red Butte Reservoir to
headwaters 1C 2B 3A
Emigration Creek and tributaries,
from Foothill Boulevard in Salt
Lake City to headwaters 2B 3A
Parley's Creek and tributaries,
from 1300 East in Salt Lake City
to Mountain Dell Reservoir to
headwaters 1C 2B 3A
Parley's Creek and tributaries,
from Mountain Dell Reservoir to
headwaters 1C 2B 3A
Mill Creek (Salt Lake County)
from confluence with Jordan
River to Interstate Highway 15 2B 3C 4
Mill Creek (Salt Lake County)
and tributaries from Interstate
Highway 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
Bell Canyon Creek and tributaries,
from lower Bell's 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,
Barney's, Bingham, Butterfield,
and Rose Creeks) 2B 3D 4
Kersey Creek from confluence of C-7
Ditch to headwaters 2B 3D
* Site specific criteria for dissolved oxygen. See Table 2.14.5.. . . . . . .
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 4,208 5C
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 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 4,208 5C
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 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 4,208 5A
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 4,208 ft. 2B 3B 3D
Gunnison Bay
Open Water below 4,208 5B
Transitional Wetlands 4,208 ft. to Open Water 5E
Open Water above 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 [
(20 Acres or Larger)]. 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.. . . . . . .
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 940 576 940]
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) [Irrigation] 1200
[Stock Watering 2000] 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 [atomic]
absorption or inductively coupled plasma (ICP) spectrophotometry
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) [Total dissolved solids (TDS) limits may be adjusted if]
such adjustment does not impair the designated beneficial use of
the receiving water. The total dissolved solids (TDS) standards
shall be at background where it can be shown that natural or
un-alterable conditions prevent its attainment. In such cases
rulemaking will be undertaken to modify the standard accordingly.
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)]
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;
[Gordon Creek from the confluence with Price River to headwaters:]
3,800 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 [Quitchupah]
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;
[Pinnacle Creek from the confluence with Price River to headwaters: 3,800]
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 [Coal]Soldier 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:
[2,600]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.)
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 [bacteriological numeric] E. coli from nonhuman nonpoint sources will
criteria
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
Parameter Aquatic Wildlife
3A 3B 3C 3D 5
PHYSICAL
Total Dissolved
Gases (1) (1)
Minimum Dissolved Oxygen
(MG/L) (2)
30 Day Average 6.5 5.5 5.0 5.0
7 Day Average 9.5/5.0 6.0/4.0
[1 Day Average 8.0/4.0 5.0/3.0 3.0 3.0]
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) 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 0.25 0.25 0.25 0.25
1 Hour Average 2.0 2.0 2.0 2.0
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
1 Hour Average 2.4 2.4 2.4 2.4
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) 1.6 1.6 1.6 1.6
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 (13)
(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)
Gross Alpha (10) 15 15 15 15
ORGANICS (UG/L) (4)
Aldrin
1 Hour Average 1.5 1.5 1.5 1.5
Chlordane
4 Day Average 0.0043 0.0043 0.0043 0.0043
1 Hour Average 1.2 1.2 1.2 1.2
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
PCB's
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 (11)
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.
(3) The temperature standard shall be at background where
it can be shown that natural or un-alterable conditions
prevent its attainment. In such cases rulemaking will be
undertaken to modify the standard accordingly.
Site Specific Standards for Temperature
Ken's 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
[atomic absorption spectrophotometry or inductively coupled] EPA approved laboratory methods for the required
plasma (ICP).
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) Reserved
(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+107.688-pH)+(2.487/1+10PH-7.688))
* MIN (2.85, 1.45*100.028*(25-T))
Fish Early Life Stages are Absent:
mg/1 as N (Chronic) = ((0.0577/1+107.688-pH) + (2.487/1+10pH-7.688))
* 1.45*100.028* (25-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))
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 Division, 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 division
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.
(13) Formula to convert dissolved sulfide to un-disassociated
hydrogen sulfide is: H2S = Dissolved Sulfide * e((-1.92 + pH) + 12.05)
(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 based upon a minimum of five samples over the
nesting season. Assessment procedures are incorporated as a part of
this standards as follows:
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
Additional assessment procedures associated with this standard are
referenced at R317-2-7.1 Application of Standards. Antidegradation
Level II Review procedures associated with this standard are referenced
at R317-2-3.5.CTABLE
1-HOUR AVERAGE (ACUTE) CONCENTRATION OF
TOTAL AMMONIA AS N (MG/L)
pH Class 3A Class 3B, 3C, 3D
6.5 32.6 48.8
6.6 31.3 46.8
6.7 29.8 44.6
6.8 28.1 42.0
6.9 26.2 39.1
7.0 24.1 36.1
7.1 22.0 32.8
7.2 19.7 29.5
7.3 17.5 26.2
7.4 15.4 23.0
7.5 13.3 19.9
7.6 11.4 17.0
7.7 9.65 14.4
7.8 8.11 12.1
7.9 6.77 10.1
8.0 5.62 8.40
8.1 4.64 6.95
8.2 3.83 5.72
8.3 3.15 4.71
8.4 2.59 3.88
8.5 2.14 3.20
8.6 1.77 2.65
8.7 1.47 2.20
8.8 1.23 1.84
8.9 1.04 1.56
9.0 0.89 1.32. . . . . . .
TABLE 2.14.5
SITE SPECIFIC CRITERIA FOR
DISSOLVED OXYGEN FOR JORDAN RIVER,[AND]SURPLUS CANAL, [SEGMENTS]AND STATE CANAL
(SEE SECTION 2.13)
DISSOLVED OXYGEN:
May-July
7-day average 5.5 mg/l
30-day average 5.5 mg/l
Instantaneous minimum 4.5 mg/l
August-April
30-day average 5.5 mg/l
Instantaneous minimum 4.0 mg/l. . . . . . .
KEY: water pollution, water quality standards
Date of Enactment or Last Substantive Amendment: [
June 1, 2005]2008Notice of Continuation: October 2, 2007
Authorizing, and Implemented or Interpreted Law: 19-5
Document Information
- Effective Date:
- 9/22/2008
- Publication Date:
- 07/15/2008
- Filed Date:
- 07/01/2008
- 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.