Summary
This change in proposed rule (CPR) consists of five principal modifications to the original proposed rule: 1) the term "exception" to the rule was changed to "variance" to better reflect the need for division approval of conditions that would allow a permittee to offramp from rule requirements and to clarify that such variances may be revisited periodically to validate continued applicability; 2) the exception in Subsection R317-1-3(3.3)(C)(2), which provided a rule offramp for de minimis discharges of phosphorus, was deleted entirely. This exception established 10% impact on receiving stream water quality as de minimis, which was determined to be unworkable and problematic. Another exception (now variance in Subsection R317-1-3(3.3)(C)(2)(c)) allows permittees to establish no deleterious effect from their discharge and be offramped; 3) the exception in Subsection R317-1-3(3.3)(C)(3) (now a variance in Subsection R317-1-3(3.3)(C)(2)(b)) provides an offramp for economic hardship that could result should a permittee be required to implement the proposed rule. The CPR clarifies that publicly owned treatment works (POTS) must pursue low interest loan and grant opportunities to minimize costs and potential economic hardship before the variance would be applied. The proposed variance change also allows non-POTWs to demonstrate economic hardship, e.g., for industry, to the division on a case-by-case basis to qualify for the variance. In the case of demonstrated hardship, alternative technology-based limits may be applied; 4) a variance was added to allow permittees the opportunity to propose innovative alternative approaches such as nutrient trading with other facilities that meet the spirit of the proposed rule without necessarily meeting the prescribed effluent limits; and 5) water quality monitoring requirements associated with implementing the proposed rule were modified for facilities that discharge less than 5,000,000 gallons per day. For these facilities, monitoring frequencies were increased to one sampling event each month. (DAR NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the June 1, 2014, issue of the Utah State Bulletin, on page 141. 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 CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)