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Draft rule would bar discharges above 150 g/L; advisers asked to define 'de minimis' allowance
Summary
Staff summarized a draft discharge rule that would prohibit lake discharges when salinity exceeds ~150 grams per liter and retain a director’s discretion and a narrowly defined 'de minimis' exception; the committee agreed to a working group to develop technical definitions and a guidance document before formal publication.
State staff updated the advisory committee on draft rule language intended to limit discharges to Great Salt Lake when salinity is high, and asked the committee to help define technical elements before formal rule publication.
Jim (rule team) summarized the draft: the proposed rule would prohibit discharges to the lake when salinity exceeds a threshold (described in the draft as 150 grams per liter) and would include two discretionary elements for the director: the ability to use forecasts to avoid exceeding the threshold and a limited "de minimis" exception for small discharges. The draft does not yet define "de minimis." Jim said the rule drafters plan to publish a version for informal public comment after sub-workgroup input, with an anticipated register posting around April 1 and an aim to complete rulemaking by June 1.
Committee reaction and technical needs: Members recommended the salinity committee (and a smaller working group) develop a matrix to define de minimis in operational terms tied to lake-condition metrics (lake elevation, volume, concentration and the estimated salt mass). Multiple participants noted discharge profiles differ by operator (UPDES-permitted plant-site discharges versus pond or mineral-return pond discharges) and that the economic impacts of pausing plant discharges differ from pausing pond returns. One operator described voluntary agreements already in place and said some operators are prepared to scale back pond returns when the lake reaches low-elevation/high-salinity thresholds.
"We may want to develop a matrix ... that kind of maps out those situations: lake level, lake volume, concentration," Jim said, asking the committee for technical input to craft a workable de minimis clause. A committee member added that an annual or seasonal 'headline salinity' metric and a reproducible averaging method will be needed to implement the rule fairly.
Next steps: The committee agreed to convene a working group (volunteers were solicited in the meeting) to produce technical recommendations on de minimis and headline-salinity methods so staff can incorporate that guidance before formal public notice and comment.
