Summary


This change in proposed rule (CPR) consists of three principal modifications to the proposed rule: 1) variance in Subsection R317-1-3(3.3)(C)(1)(b) was changed to clarify that in cases of economic hardship, an alternative TBPEL or phosphorus loading cap that would not cause economic hardship, may be applied; 2) Subsection R317-1-3(3.3)(D)(2) previously provided a variance from rule monitoring requirements when dischargers demonstrate no reasonable potential to discharge phosphorus or nitrogen. The proposed change allows the Division of Water Quality director to make this determination; and 3) Subsection R317-1-3(3.3)(D)(4) establishes the starting date for self-implementation of nitrogen and phosphorus monitoring. The proposed change extends the starting date six months from 01/01/2015 to 07/01/2015. (DAR NOTE: This is the second change in proposed rule (CPR) for Rule R590-226. The original proposed amendment upon which the first CPR was based was published in the June 1, 2014, issue of the Utah State Bulletin, on page 141. The first CPR upon which this second CPR is based was published in the September 15, 2014, issue of the Utah State Bulletin, on page 80. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the first CPR, the second CPR, and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)