| (1) |
Before sending a total maximum daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load:
Terms Used In Utah Code 19-5-104.5- Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
- Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
- Oversight: Committee review of the activities of a Federal agency or program.
- pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102
| (a) |
for review to the Natural Resources, Agriculture, and Environment Interim Committee if the total maximum daily load will require a public or private expenditure in excess of $10,000,000 but less than $100,000,000 for compliance; or |
| (b) |
for approval to the Legislature if the total maximum daily load will require a public or private expenditure of $100,000,000 or more. |
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| (2) |
| (a) |
As used in this Subsection (2):
| (i) |
“Expenditure” means the act of expending funds:
| (A) |
by an individual public facility with a Utah Pollutant Discharge Elimination System permit, or by a group of private agricultural facilities; and |
| (B) |
through an initial capital investment, or through operational costs over a three-year period. |
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| (ii) |
“Utah Pollutant Discharge Elimination System” means the state permit system created in accordance with 33 U.S.C. § 1342. |
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| (b) |
Before the board adopts a nitrogen or phosphorus rule or standard, the board shall submit the rule or standard as directed in Subsections (2)(c) and (d). |
| (c) |
| (i) |
If compliance with the rule or standard requires an expenditure in excess of $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to the Natural Resources, Agriculture, and Environment Interim Committee. |
| (ii) |
| (A) |
Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources, Agriculture, and Environment Interim Committee shall review a rule or standard the board submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment Interim Committee’s committee meeting immediately following the day on which the board submits the rule or standard. |
| (B) |
If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days after the day on which the board submits the rule or standard for review, the Natural Resources, Agriculture, and Environment Interim Committee shall review the rule or standard during the committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting immediately following the committee meeting described in Subsection (2)(c)(ii)(A). |
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| (d) |
If compliance with the rule or standard requires an expenditure of $10,000,000 or more, the board shall submit the rule or standard for approval to the Legislature. |
| (e) |
| (i) |
A facility shall estimate the cost of compliance with a board-proposed rule or standard described in Subsection (2)(b) using:
| (A) |
an independent, licensed engineer; and |
| (B) |
industry-accepted project cost estimate methods. |
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| (ii) |
The board may evaluate and report on a compliance estimate described in Subsection (2)(e)(i). |
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| (f) |
If there is a discrepancy in the estimated cost to comply with a rule or standard, the Office of the Legislative Fiscal Analyst shall determine the estimated cost to comply with the rule or standard. |
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| (3) |
In reviewing a rule or standard, the Natural Resources, Agriculture, and Environment Interim Committee may:
| (a) |
consider the impact of the rule or standard on:
| (i) |
economic costs and benefit; |
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| (b) |
suggest additional areas of consideration; or |
| (c) |
recommend the rule or standard to the board for:
| (ii) |
re-evaluation followed by further review by the Natural Resources, Agriculture, and Environment Interim Committee. |
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| (4) |
When the Natural Resources, Agriculture, and Environment Interim Committee sets the review of a rule or standard submitted under Subsection (2)(c)(i) as an agenda item, the committee shall:
| (a) |
before the review, directly inform the chairs of the Administrative Rules Review and General Oversight Committee of the coming review, including the date, time, and place of the review; and |
| (b) |
after the review, directly inform the chairs of the Administrative Rules Review and General Oversight Committee of the outcome of the review, including any recommendation. |
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Amended by Chapter 443, 2022 General Session
