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HomeMy WebLinkAboutDWQ-2025-004872 Appendix 1. Public engagement and responsiveness Appendix 1a. Public notice, postcards, and newspaper publications NOTICE OF PROPOSED AMENDMENTS TO UTAH ADMINISTRATIVE CODE R317-2, STANDARDS OF QUALITY FOR WATERS OF THE STATE. The Utah Water Quality Board is proposing amendments to Utah’s water quality standards. The proposed amendments use the best available science and improve the protection of Utah’s waters: ●Update Utah’s Colorado River Salinity Standards to reference a 2023 review ●Add numeric criteria for methylmercury to Utah’s human health criteria ●Add numeric criteria for cyanotoxins for the protection of recreational uses The amendments are published in the April 15, 2025 Utah State Bulletin. For more information, supporting documents, or to submit comments on the proposed amendments visit waterquality.utah.gov. Written comments will be accepted until 6:00 p.m. June 3, 2025 Questions? Contact Jake Vander Laan, jvander@utah.gov PUBLIC HEARING June 2, 2025 6:00-7:00 PM MASOB GSL West (3134) 3rd floor 195 North 1950 West Salt Lake City, UT 84116 Remote option: bit.ly/4472m4 [ADA NOTICE] Individuals with special needs (including auxiliary communicating aids and services) should contact the DEQ Office of Human Resources at (801) 536-4412 or T.D.D. (801) 536-4414. 195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone (801) 536-4300 • Fax (801) 536-4301 • TDD 800 346-3128 www.deq.utah.gov Printed on 100% recycled paper FIRST-CLASS MAIL US POSTAGEPAID SLC, UTPERMIT NO. 4621 Division of Water Quality DEPARTMENT of ENVIRONMENTAL QUALITY P.O. Box 144870 Salt Lake City, Utah 84114-4870 Return Service Requested Notice of Public Comment Period for Utah Administrative Code R317-2:Standards of Quality for Waters of the State Update Utah’s Colorado River Salinity Standards to reference a 2023 review Add numeric criteria for methylmercury to Utah’s human health criteria Add numeric criteria for cyanotoxins for the protection of recreational uses To submit comments and find more info including supporting documents, visit Individuals with special needs (including auxiliary communicating aids and services) should contact the DEQ Oice of Human Resources at (801) 536-4412 or T.D.D. (801) 536-4414. Questions? Contact Jake Vander Laan, jvander@utah.gov June 2, 2025, 6-7 PMMulti Agency State Oice BuildingRoom GSL West (3134), 3rd floor195 North 1950 West, Salt Lake City, UT, 84116 bit.ly/4472m4 Submit wrien comments by 6pm June 3, 2025 WaterQuality.utah.gov PUBLIC HEARING REMOTE OPTION The proposed amendments use the best available science and improve the protection of Utah’s waters: THANK YOU for your ad submission! This is your confirmation that your order has been submitted. Below are the details of your transaction. Please save this confirmation for your records. Job Details Order Number: SLT0032508 Classification: Other Notices Package: Legals Order Cost: $127.40 Referral Code: DWQ-2025-003090 Public Notice Account Details KRYSTA CHURCH PO BOX 144870 SALT LAKE CITY, UT � 84116 801-536-4400 kmchurch@utah.gov DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY Schedule for ad number SLT00325080 Sat Apr 19, 2025 The Salt Lake Tribune E-Edition All Zones Sun Apr 20, 2025 The Salt Lake Tribune Legals All Zones Appendix 1b. Public Hearing Summary - June 2, 2025 A public hearing to accept comments on proposed amendments to R317-2 Standards of Quality for Waters of the State was held at 6:00 PM on June 2, 2025, hosted at the Multi Agency State Office Building in Salt Lake City with virtual access provided. A member of Utah’s Water Quality Board, Joe Havasi, served as the hearing officer. The meeting was also attended by Jake Vander Laan, DWQ’s Water Quality Standards Coordinator. Mr. Havasi began the hearing by providing background information regarding the proposed amendments and rulemaking schedule, then opened the hearing for public comment. Jeff Salt, treasurer for the Utah Anglers Coalition provided oral comments. Mr. Salt stated that the Utah Anglers Coalition is, “a statewide organization that supports all aspects of the angling industry.” Mr. Salt provided a summary of written comments to be submitted stating: “Our position as an organization is that we support all three of the proposed changes to the rules, and we really have nothing further to add. We nd that especially the mercury and the cyanotoxin criteria are much needed and long awaited. And so, we're happy to see these standards adopted. So, we are in support of, especially the mercury and the cyanotoxin criterion amendments.” The Utah Anglers Coalition’s written comments are available in Appendix 3 and DWQ has responded to the written comments (Appendix 4). George Parrish, EPA Region 8, conrmed previous receipt of EPA’s written comments and provided a summary of the comments submitted. EPA’s written comments are available in Appendix 3 and DWQ has responded to the written comments (Appendix 4). Mr. Havasi closed the meeting at 6:45 PM. A recording of the hearing is available on request. Appendix 1c. Public comments received Ref: 8WD-CWQ SENT VIA EMAIL Jake Vander Laan Utah Division of Water Quality jvander@utah.gov Subject: Proposed Changes to Utah WQS Dear Mr. Vander Laan: The purpose of this letter is to provide comments from the U.S. Environmental Protection Agency (EPA) Region 8 on the revisions to Utah’s water quality standards (WQS) proposed by the Utah Division of Water Quality (UDWQ or Division). Our letter responds to the UDWQ’s April 15, 2025 public notice requesting comments on the proposed revisions to Utah Administrative Code R317-2, Standards of Quality for Waters of the State. Our review considered the summary of the proposed revisions, redline- strikeout document showing proposed revisions to WQS, and supporting documents distributed with the public notice. Public comments are being solicited from April 15 through June 3, 2025, and a public hearing will be held June 2, 2025 at 6:00PM. The EPA plans to participate in the WQS hearing and provide a brief summary of the enclosed comments. It is the EPA’s understanding that the UDWQ will summarize and respond to all comments received before providing the Utah Water Quality Board (Board) with a final version of the proposed WQS revisions. The EPA’s comments are preliminary in nature. Prior to acting on any WQS revisions that may be adopted by the Board, the EPA would consider all pertinent issues and information, including written comments submitted during the rulemaking process, testimony delivered at the June 2, 2025 public hearing, and responses to comments provided during the rulemaking. The EPA’s comments are intended to assist UDWQ propose WQS revisions that are consistent with the requirements of the Clean Water Act (CWA or Act). 2 CWA § 303(c)(2) requires States and authorized Indian Tribes to submit new or revised WQS to the EPA for review.1 The EPA must review and approve or disapprove the revisions. New or revised WQS do not become applicable WQS for CWA purposes until they are approved by the EPA (40 C.F.R. § 131.21). Pursuant to CWA § 303(c)(3), if the EPA determines that any WQS is not consistent with the applicable requirements of the Act, the Agency shall, not later than the ninetieth day after the date of submission, notify the State or authorized Tribe and specify the changes to meet the requirements. If the changes are not adopted within ninety days after the date of notification, the EPA is to propose and promulgate such WQS pursuant to CWA § 303(c)(4). The Region’s goal has been, and will continue to be, to work closely with States and authorized Tribes throughout the WQS review process so that submitted revisions can be approved by the EPA. Summary of the Proposed WQS Revisions The UDWQ initiated this rulemaking to revise R317-2, Standards of Quality for Waters of the State, including the following amendments: x Updating the Colorado River Salinity Standards in R317-2-4 to reference the 2023 review; x Adding two cyanotoxins, microcystins and cylindrospermopsin, and criteria to Table 2.14.1 Numeric Criteria for Domestic, Recreation, and Agricultural Uses; and x Adding numeric criteria for methylmercury to Table 2.14.6 List of Human Health Criteria. Further discussion of the proposed revisions and the EPA’s comments are provided in the enclosure. Conclusion The EPA appreciates the efforts by the Division and the Board to update the WQS protecting Utah surface waters. We also appreciate the opportunity to participate in discussions with the Utah Water Quality Standards Workgroup as the WQS proposals were being developed, and to provide these comments today. Questions about our comments may be directed to George Parrish (parrish.george@epa.gov). Sincerely, Dana Erickson, Supervisor Water Quality Section Enclosure 1 CWA § 518(e) specifically authorizes EPA to treat eligible Indian Tribes in the same manner as states for purposes of CWA § 303. See also 40 C.F.R. § 131.8. DANA ERICKSON Digitally signed by DANA ERICKSON Date: 2025.05.28 15:34:46 -06'00' Enclosure – EPA Comments on the Proposed Revisions to Utah WQS 1 Enclosure EPA Comments on the April 15, 2025 Proposed Revisions to Utah WQS Background Information 1.Section 303(c)(1) of the Clean Water Act (CWA or Act) and the U.S. Environmental Protection Agency’s (EPA) implementing Water Quality Standards (WQS) Regulation at 40 C.F.R. § 131.20 require that states and authorized Tribes, from time to time, but at least once every 3 years, hold public hearings to review applicable WQS and, as appropriate, modify and adopt WQS. 2.We appreciate the efforts by the Utah Division of Water Quality (UDWQ, or Division), the Utah Water Quality Standards Workgroup, and the Utah Water Quality Board (Board) to develop WQS revisions for consideration at Utah’s June 2, 2025, rulemaking hearing. 3.Pursuant to CWA Section 303(c)(2) and 40 C.F.R. § 131.20(c), states and authorized Tribes are required to submit new or revised WQS and supporting analyses to the EPA for review and approval. New or revised WQS do not become applicable for CWA purposes until they are approved by the EPA (40 C.F.R. § 131.21). 4.When reviewing changes to WQS, the EPA’s action is based on whether the new or revised WQS are consistent with the requirements of the CWA and the EPA’s WQS Regulation (40 C.F.R. Part 131). Key requirements include, for example, that appropriate uses must be designated (40 C.F.R. § 131.10) and that water quality criteria must protect designated uses and be based on sound scientific rationale (40 C.F.R. § 131.11). 5.The EPA’s goal and practice has been to work collaboratively with states and authorized Tribes throughout the review process so that submitted WQS revisions can be approved by the EPA. Comments on Proposed Revisions R317-2-4: Adding the 2023 Review of the Colorado River Salinity Standards The EPA supports the proposed addition by reference of the Colorado River Basin Salinity Control Forum’s (Forum) 2023 review into R317-2-4 Colorado River Salinity Standards. The Forum worked with Congress passing the 1974 Colorado River Basin Salinity Control Act, requiring implementation of salinity control programs to reduce the salinity of the Colorado River. The Forum reviews the numeric criteria and Plan of Implementation for controlling salinity within the seven participating member states, including Utah, and publishes its recommendations2 every three years. 2 See: https://www.coloradoriversalinity.org/ for a link to 2023 Review, Water Quality Standards for Salinity, Colorado River System. Enclosure – EPA Comments on the Proposed Revisions to Utah WQS 2 The Forum’s Plan of Implementation includes: x Participating states implementing the Forum’s adopted policies for effluent limitations under the National Pollutant Discharge Elimination System; and x Implementation of non-point source management plans. Adding Two Cyanotoxins, Microcystins and Cylindrospermopsin, and Table 2.14.1 Human Health Criteria The EPA published CWA § 304(a) criteria recommendations for microcystins and cylindrospermopsin with a focus on the human health risks associated with incidental ingestion while recreating in waters containing these harmful cyanotoxins.3 Microcystins can be produced by a variety of toxigenic cyanobacteria genera, some of which can be distributed through the water column, concentrate in the upper layers, or form surface scums depending on environmental conditions. Cylindrospermopsin can also be produced by a variety of toxigenic cyanobacteria species, some of which tend not to form visible surface scums, and the highest concentrations of these cyanobacterial cells may occur below the water surface. The EPA supports the UDWQ’s proposed adoption of the EPA’s recommended criteria (15 μg/L Cylindrospermopsin and 8 μg/L Microcystins) to protect human health in Table 2.14.1 Numeric Criteria for Domestic, Recreation, and Agricultural Uses. The proposed cylindrospermopsin and microcystins criteria include a footnote guiding implementation: (8) An excursion is defined as a 10-day assessment period with any toxin concentration higher than the criterion magnitude. More than 3 excursions in a recreational season not to be exceeded in more than one year. The EPA recommends UDWQ apply the cylindrospermopsin and microcystins criteria to Class 2B Infrequent Primary Contact Recreation waters or provide an explanation for why the Division concluded these criteria are not necessary to protect infrequent primary contact recreation uses. Also, the EPA interprets the Division’s proposed frequency to mean waterbodies with two or more years of more than three documented excursions during the recreational season would be considered impaired for CWA Section 303(d) listing purposes. Please confirm this is an accurate interpretation and we also suggest this be clarified in the state’s assessment method. Adding Methylmercury Criteria to Table 2.14.6 List of Human Health Criteria (Consumption) The EPA supports adopting the proposed methylmercury criterion of 0.3 mg/kg (wet-weight) in Table 2.14.6 protecting human health from exposure through consumption of fish and shellfish tissue. Methylmercury in surface waters can enter the aquatic food chain and become stored in fish and shellfish muscle tissue. Eating fish and shellfish contaminated with methylmercury can result in a variety of health effects. The EPA published a CWA 304(a) water quality criterion protecting human health from methylmercury exposure, expressed as a fish-tissue criterion.4 The UDWQ proposes the Board adopt the EPA recommended water quality criterion of 0.3 mg/kg (wet-weight) for fish and shellfish tissue in Table 2.14.6 List of Human Health Criteria (Consumption), including a new footnote E: E. mg/kg wet weight in edible fish and shellfish tissue. 3 See: https://www.epa.gov/habs/protecting-human-health-cyanotoxin-exposure-during-recreation 4 See: https://www.epa.gov/wqc/human-health-criteria-methylmercury. Enclosure – EPA Comments on the Proposed Revisions to Utah WQS 3 The EPA recommends that UDWQ finalize and share on its website an associated Methylmercury Criterion Technical Support Document (e.g., Appendix 2 to the Feb. 26, 2025 Memorandum to the Board)5 guiding implementation of the criterion. 5 See: https://lf-public.deq.utah.gov/WebLink/ElectronicFile.aspx?docid=552864&eqdocs=DWQ-2025-003267 (at p.7). June 3, 2 To: John Utah 195 N Salt L Re: Ame Dear Dir T State’s pr Coalition fishing in The U Group an proposed 1) Up 2) Ad health 3) Ad the pr The U the amen criteria, w consume cylindros the naggi Sincerely Jeff Salt, Utah Ang Cc: Roge U 2025 Mackey, Di Division of North 1950 W Lake City, U endments to rector Macke The Utah Ang roposed ame n is a Utah n ndustry. 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We a mercury to Ut of childbearin eric criteria f users of the S e City, UT ∙ 84 ment in respo tate. The Ut te all aspects ater Quality up and is fam R317-2-4; E, to Utah's li n, including .14.1. are especiall tah’s list of h ng age and c for microcys State’s water 4152  onse to the tah Anglers s of the state Standards W miliar with t ist of human footnote (8) ly supportive human healt children who stins and rs and addres e’s Work the n , for e of th o ss Appendix 1d. Response to comments USEPA Region 8 Comment: The EPA appreciates the efforts by the Division and the Board to update the WQS protecting Utah surface waters. We also appreciate the opportunity to participate in discussions with the Utah Water Quality Standards Workgroup as the WQS proposals were being developed, and to provide these comments today. Response: Thank you for providing comments on Utah Division of Water Quality’s proposed amendments to R317-2, Standards of Quality for Waters of the State. DWQ appreciates EPA’s continued participation in Utah’s Water Quality Standards Workgroup and constructive feedback on proposed standards amendments. Comment: R317-2-4: Adding the 2023 Review of the Colorado River Salinity Standards The EPA supports the proposed addition by reference of the Colorado River Basin Salinity Control Forum’s (Forum) 2023 review into R317-2-4 Colorado River Salinity Standards. The Forum worked with Congress passing the 1974 Colorado River Basin Salinity Control Act, requiring implementation of salinity control programs to reduce the salinity of the Colorado River. The Forum reviews the numeric criteria and Plan of Implementation for controlling salinity within the seven participating member states, including Utah, and publishes its recommendations every three years. The Forum’s Plan of Implementation includes: ● Participating states implementing the Forum’s adopted policies for effluent limitations under the National Pollutant Discharge Elimination System; and ● Implementation of non-point source management plans. Response: Thank you for your comments in support of this amendment. Comment: Adding Two Cyanotoxins, Microcystins and Cylindrospermopsin, and Table 2.14.1 Human Health Criteria The EPA published CWA § 304(a) criteria recommendations for microcystins and cylindrospermopsin with a focus on the human health risks associated with incidental ingestion while recreating in waters containing these harmful cyanotoxins. Microcystins can be produced by a variety of toxigenic cyanobacteria genera, some of which can be distributed through the water column, concentrate in the upper layers, or form surface scums depending on environmental conditions. Cylindrospermopsin can also be produced by a variety of toxigenic cyanobacteria species, some of which tend not to form visible surface scums, and the highest concentrations of these cyanobacterial cells may occur below the water surface. The EPA supports the UDWQ’s proposed adoption of the EPA’s recommended criteria (15 μg/L Cylindrospermopsin and 8 μg/L Microcystins) to protect human health in Table 2.14.1 Numeric Criteria for Domestic, Recreation, and Agricultural Uses. The proposed cylindrospermopsin and microcystins criteria include a footnote guiding implementation: (8) An excursion is dened as a 10-day assessment period with any toxin concentration higher than the criterion magnitude. More than 3 excursions in a recreational season not to be exceeded in more than one year. The EPA recommends UDWQ apply the cylindrospermopsin and microcystins criteria to Class 2B Infrequent Primary Contact Recreation waters or provide an explanation for why the Division concluded these criteria are not necessary to protect infrequent primary contact recreation uses. Also, the EPA interprets the Division’s proposed frequency to mean waterbodies with two or more years of more than three documented excursions during the recreational season would be considered impaired for CWA Section 303(d) listing purposes. Please conrm this is an accurate interpretation and we also suggest this be claried in the state’s assessment method. Response: DWQ is proposing to adopt cyanotoxin criteria for only Class 2A, frequent primary contact waters, because that use class most closely aligns with the immersion and incidental ingestion exposure pathway identied as the focus of EPA’s 2019 recommended cyanotoxin criteria. Utah’s Class 2A waters are protected for recreational uses, “where there is a high likelihood of ingestion of water or a high degree of bodily contact with the water,” including recreational activities such as swimming, rafting, kayaking, diving, and water skiing (R317-2-6). EPA’s 2019 recommended cyanotoxin criteria, “focus on human exposure as a result of primary contact recreation activities, such as swimming, during which immersion and incidental ingestion of ambient water are likely.” Utah’s Class 2B infrequent primary contact recreation use only includes recreational activities, “where there is a low likelihood of ingestion of water or a low degree of bodily contact with the water.” Therefore, DWQ has determined it most appropriate to adopt the recommended cyanotoxin criteria only for Class 2A waters. DWQ will continue to discuss and consider potentially appropriate cyanotoxin criteria for Class 2B waters. DWQ’s draft cyanotoxin criterion implementation guidance provides the rationale for applying cyanotoxin criteria to Class 2A waters and species that these criteria should be implemented programmatically (i.e. in assessments or permits) in waterbodies currently classied as 2B where frequent primary contact recreation uses have been identied as an existing use, and that such waterbodies should be identied for reclassication to class 2A in Utah’s water quality standards (see the section, “Recommended criteria” in DWQ’s draft cyanotoxin criterion implementation guidance document). DWQ has added the review and reclassication of such waterbodies to DWQ’s water quality standards priorities list. Similarly, the adoption of these criteria to Class 2A waters does not preclude the issuance of recreational health advisories for any waterbody, including waters currently classed as 2B where frequent primary contact recreation uses have been identied as an existing use. See DWQ’s “Recreational Health Advisory Guidance for Harmful Algal Blooms” webpage for additional information on the issuance of harmful algal bloom related recreational health advisories and DWQ’s harmful algal bloom monitoring program. The draft cyanotoxin implementation guidance will be considered nal on adoption of the proposed criteria by the Utah Water Quality Board and published to DWQ’s Water Quality Standards Support Documents webpage. DWQ agrees with EPA’s interpretation of the frequency component of the proposed criteria. Both DWQ’s proposed amendment and EPA’s 2019 recommended criteria use the phrase, “more than one year.” DWQ agrees with EPA’s comment that, “More than 3 excursions in a recreational season not to be exceeded in more than one year” is equivalent to the interpretation in the comment of, “two or more years of more than three documented excursions during the recreational season,” and that waterbodies meeting this condition would be considered impaired for CWA Section 303(d) listing purposes. Utah’s 2026 Integrated Report methods use language consistent with this interpretation and specify that the assessment is conducted over the Integrated Report’s six year assessment period of record. DWQ will continue to work to ensure consistent language and interpretation between Utah’s water quality standards and assessment methods. Recommendations for further clarication of assessment methods can be made during comment periods for Utah’s Integrated Report. Comment: Adding Methylmercury Criteria to Table 2.14.6 List of Human Health Criteria (Consumption) The EPA supports adopting the proposed methylmercury criterion of 0.3 mg/kg (wet-weight) in Table 2.14.6 protecting human health from exposure through consumption of sh and shellsh tissue. Methylmercury in surface waters can enter the aquatic food chain and become stored in sh and shellsh muscle tissue. Eating sh and shellsh contaminated with methylmercury can result in a variety of health effects. The EPA published a CWA 304(a) water quality criterion protecting human health from methylmercury exposure, expressed as a sh-tissue criterion. The UDWQ proposes the Board adopt the EPA recommended water quality criterion of 0.3 mg/kg (wet-weight) for sh and shellsh tissue in Table 2.14.6 List of Human Health Criteria (Consumption), including a new footnote E: E. mg/kg wet weight in edible sh and shellsh tissue. The EPA recommends that UDWQ nalize and share on its website an associated Methylmercury Criterion Technical Support Document (e.g., Appendix 2 to the Feb. 26, 2025 Memorandum to the Board)5 guiding implementation of the criterion. Response: Thank you for your comment supporting the adoption of the methylmercury in sh and shellsh tissue criterion as proposed. DWQ included a draft criterion implementation guidance document for the proposed methylmercury criterion in the supporting materials of the proposed amendment. The draft methylmercury implementation guidance will be considered nal on adoption of the proposed criterion by the Utah Water Quality Board and published to DWQ’s Water Quality Standards Support Documents webpage. Utah Anglers Coalition Comment: The Utah Anglers Coalition has participated in the Division’s Water Quality Standards Work Group and heard two presentations by Jake Vander Laan to our group and is familiar with the proposed amendments to: 1) Update Utah’s Colorado River Salinity Standards in Section R317-2-4; 2) Add numeric criteria for methylmercury, including footnote E, to Utah’s list of human health criteria in Section R317-2-14 Table 2.14.6; and, 3) Add numeric criteria for microcystins and cylindrospermopsin, including footnote (8), for the protection of recreational uses to Section R317-2-14 Table 2.14.1. The Utah Anglers Coalition supports all three amendments. We are especially supportive of the amendments for adding numeric criteria for methylmercury to Utah’s list of human health criteria, which will help enhance protection for women of childbearing age and children who consume locally harvested sh, and the addition of numeric criteria for microcystins and cylindrospermopsin, which will protect all recreational users of the State’s waters and address the nagging issue of “off avor” in wild caught sh. Response: Thank you for your comment expressing support for the currently proposed water quality standards amendments. The proposed methylmercury and cyanotoxin criteria are designed to protect the health of people who consume sh from and recreate in Utah’s waters. DWQ appreciates the Utah Anglers Coalition’s participation in DWQ’s Water Quality Standards Workgroup and constructive feedback on Utah’s water quality standards.