Section R317-16-3 - Feasibility Assessment - Certification Approval by Rule(1) The operator shall request a pre-filing meeting with the division and with FFSL at least 30 days before submitting a feasibility application with FFSL. The division and FFSL may jointly waive or shorten the requirement for a pre-filing meeting request. (2) For the feasibility assessment only, a UPDES permit is considered a feasibility assessment certification approval by rule.(a) The term of a UPDES permit issued for the feasibility assessment shall be the duration of the feasibility assessment.(b) If the operation is non-discharging during the feasibility assessment and does not require a UPDES permit, the operator shall nonetheless comply with Subsection R317-16-3(3). (i) The director will issue a certification decision using the procedures listed in Sections R317-16-6 and R317-16-7.(ii) The term of a feasibility assessment certification approval shall be the duration of the feasibility assessment.(3) To obtain feasibility assessment certification approval by rule, the operator shall submit, on a form provided by the division:(a) information listed in this section pertaining to the feasibility assessment; and(b) an application for a UPDES permit.(4) Feasibility assessment information required:(a) project information:(i) mass balance of principal GSL salinity constituents, including all target and non-target minerals across the principal mineral processing steps;(ii) a water balance at design flow, low flow conditions, and across a range of lake levels;(iii) generated waste containment and disposal infrastructure descriptions, including residuals and disposal methods;(iv) location and acreage of lakebed used for project facilities during the feasibility assessment and operations phases, if different;(v) supporting documentation submitted to federal agencies, including maps, plans, specifications, project dimensions, copies of associated federal applications, biological and engineering studies, environmental assessment or environmental impact statements, or alternative analyses, as applicable;(vi) estimated water depletion and brine depletion; and(vii) plan to determine rate of extraction for the targeted and non-targeted minerals or elements and estimated rate of depletion of the targeted and non-targeted minerals or elements in GSL;(b) withdrawal information:(i) names and locations of the brine water and externally sourced water where withdrawals will occur, including the precise latitude and longitude to the fifth decimal place in decimal degrees and to the tenth of a degree in degrees-minutes-seconds notation;(ii) detailed information on the quantity of brine water and externally sourced water withdrawn;(iii) detailed information on the timing of the withdrawals; and(iv) detailed description of the operator's plan for measuring the amount of brine water, externally sourced water, and returned water.(c) discharge information: (i) characterization of the physical, chemical, biological, thermal, and other pertinent properties of the discharge; at a minimum: pH, total alkalinity, total dissolved solids, total suspended solids, sulfate, nitrate, nitrite, carbonate, bicarbonate, chloride, hydroxide, chemical oxygen demand, biological oxygen demand, silica, zinc, magnesium, sodium, calcium, potassium, boron, bromine, aluminum, iron, and silicon; range of temperatures expected in effluent; density range of effluent to be discharged; and quantity of foreign materials that would be discharged to the GSL on an annual basis;(ii) for operations that are non-discharging during the feasibility assessment, a determination of whether discharge will occur during the operations phase and an evaluation of how the operator will obtain information to characterize its operations discharge during the feasibility assessment.(d) impacted habitat: (i) description of existing GSL habitat and biota in and around the area of operation;(ii) description of the potential physical impact to habitat and biota in and around the withdrawal and discharge locations;(iii) evaluation of the least degrading reasonable alternatives;(iv) plan to mitigate any negative impacts of the proposed operation; and(v) plan to ensure existing beneficial uses will be maintained and protected.(e) monitoring and inspection plan: (i) a description of the methods and means to monitor the quality and characteristics of the discharge and the operation of the equipment or facilities employed in control of any proposed discharge;(ii) plan to monitor and address long-term cumulative effects of withdrawals and discharges associated with the operation on the biota and chemistry of the GSL including available baseline data; and(iii) a map showing the locations of proposed monitoring points.(f) evidence supporting the operator certification:(i) consideration of both short-term effects and long-term impacts of the project;(ii) examples of evidence supporting a certification may include:(A) a quantitative comparison of influent and effluent volume and chemical composition;(B) modeled annual impacts to salinity or concentrations of other chemical parameters in GSL;(C) evaluation of impacts to GSL biota including: (I) a quantitative comparison of effluent chemical concentrations to applicable water quality standards; or(II) other scientifically defensible biological response thresholds;(D) other scientifically defensible means for evaluating project impacts on GSL chemistry and biota.Utah Admin. Code R317-16-3
Adopted by Utah State Bulletin Number 2024-17, effective 8/28/2024