No. 42048 (5-year Review): Rule R317-1. Definitions and General Requirements

DAR File No.: 42048
Filed: 08/30/2017 08:23:42 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-5-104(3)(e) authorizes the Utah Water Quality Board (Board) to establish and conduct a continuing planning process for control of water pollution, including the specification and implementation of maximum daily loads of pollutants. Subsection 19-5-104(1) authorizes the Board to make rules which implement or effectuate the powers and duties of the Board. Section R317-1-10 governs the process for implementation of Section 19-5-105.3 that provides for a permittee to challenge a decision by the Division of Water Quality (DWQ) through an Independent Peer Review process. In addition, this rule outlines the process for conducting an Independent Scientific Review when the Director determines that an assessment may have a significant financial impact on stakeholders or when an action may be precedent-setting or controversial.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

This rule has been amended since the last five-year review. New definitions have been added. Subsection R317-1-3(3.3) has been replaced with new procedures for determining limits to pollution of water bodies from excessive nutrients; and Section R317-1-7 has been amended five times since the last five-year review. The limited comments which were received during those rulemaking actions addressed technical issues and were generally of a noncontroversial nature. A new Section R317-1-10 adds a provision for the DWQ to initiate an Independent Scientific Review when the Director determines that an issue may have a significant financial impact on stakeholders or when an action may be precedent-setting or controversial. Comments received during hearings and the public comment periods for the rule changes have been addressed through preparation of responsiveness summaries by DWQ staff and presented to the Water Quality Board for consideration during the rulemaking process.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides definitions and general requirements for implementation of the Utah Water Quality Act. It is central to the implementation of the Act, in that it provides the general framework for control of water pollution, including the requirements for construction permits, compliance with state Water Quality Standards, and requirements for waste discharges. Section R317-1-7 defines which waterbodies have TMDL determinations completed for them and adopts by reference the limits and recommendations contained therein. Incorporating TMDLs into rule by reference is important for implementing pollution controls and attaining water quality standards including the regulatory requirements set forth in stormwater and wastewater discharge permits and voluntary implementation of best management practices for nonpoint sources of pollution. Section R317-1-10 is required by Section 19-5-105.3 and provides a clear and consistent process for the Division to engage in independent scientific review. Therefore, this rule should be continued.

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

Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at [e-mail]

Effective:

08/30/2017

Authorized by:

Erica Gaddis, Director

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