WVEC Action Alert

July 9, 2007

DEP Slashes Tier 2.5 Stream List
Public Hearing and Comment Period on DEP Water Rules

What: DEP rule 47CSR2, Requirements Governing Water Quality Standards
DEP rule 60CSR5, Antidegradation Implementation Procedures.

When: Public Hearing at 6:00 PM July 16
Comment period ends at 5:00 PM July 17

The West Virginia Department of Environmental Protection has proposed a legislative rule that would cut in half the number of high quality rivers and streams listed for protection in this year’s proposed rule.

This is your opportunity to demand that DEP restore the full list of streams it has already determined are qualified for protection.

Background:

DEP has proposed two rules which will be introduced to the 2008 WV Legislature: 47CSR2, Requirements Governing Water Quality Standards and 60CSR5, Antidegradation Implementation Procedures. 

The Water Quality Standards rule (47CSR2) greatly expands the list of trout streams (called the “B2” list) which deserve water quality standards that are higher than drinking water standards.  This is an excellent rule proposed by DEP and the West Virginia Environmental Council strongly supports it.

However, DEP’s proposed Antidegradation rule (60CSR5) would result in the removal of Tier 2.5 protection from one half of the streams which DEP last year qualified for Tier 2.5 status as “Waters of Special Concern.” This proposed reduction from 309 streams down to 157 is purely politically based and has no scientific basis. In fact, DEP has already said that all 309 streams qualify for Tier 2.5 protection.

The WV DEP went through a 6-year process and spent about $1 million to develop the antidegradation policies and to establish the initial Tier 2.5 list. Tier 2.5 allows some stream degradation as it is, but such degradation is limited to no more than 10% of a stream’s assimilative capacity.  Lowering the standard from Tier 2.5 to the next level – Tier 2 – would allow for stream degradation of up to 20% of the stream’s assimilative capacity.

If DEP’s rule is adopted by the Legislature the probable outcome for a large number of streams which currently support reproducing trout populations would be the loss of their Tier 2.5 protection, and a consequent DEP endorsed degradation of these streams to a point that may significantly reduce such trout populations.

The Tier 2.5 concept was a compromise with industry in the first place to avoid having to list all reproducing trout streams in the Tier 3 category, which would allow no degradation.  But now, the “Dirty Water Coalition” – a powerful group of polluters including agriculture, timber, coal, oil and gas, manufacturers and the Chamber of Commerce – is rejecting the very compromise it demanded and agreed to and has launched an all-out assault on West Virginia’s most pristine rivers and streams.

The political pressure is apparently working. As a result of a massive six-year misinformation campaign waged by this “Dirty Water Coalition,” the DEP, the state legislature and West Virginia’s Governor continue to compromise with the “Dirty Water Coalition” instead of protecting the state’s invaluable water resources for the future.

Tier 2.5 Talking Points

  • The Federal Clean Water Act requires that states prevent the degradation of their highest quality waters.
  • The original “presumptive list” of Tier 2.5 streams adopted by the Legislature in 2001 contained 444 streams.
  • These are high quality streams -- including popular native trout waters such as Shavers Fork of the Cheat River and Big Spring Fork of the Elk River. The original Tier 2.5 list would have protected streams such as the Blackwater River, the Cranberry River, the Elk River, Seneca Creek and Loop Creek, and almost all of the headwater streams in the Monongahela National Forest.
  • Last year DEP cut the original “presumptive list” down to a list of 309 streams which the agency documented as qualified for Tier 2.5 protection.  The Legislature failed to act on DEP’s recommendation.
  • This year DEP is proposing to slash the list again – down to just 157 streams – based purely on politics, not science.

Take Action!

  • No more compromises!
  • Our most pristine rivers and streams must be protected from future pollution.
  • Insist that DEP use science and law – not politics – when developing West Virginia’s environmental regulations.
  • Demand that DEP and the Governor and the WV Legislature adopt the original stream list that contained 309 streams which DEP has determined qualify for Tier 2.5 protection.

There are two ways that you can have an immediate voice in this:

First, write DEP and let them know that you strongly oppose the proposed antidegradation rule (60CSR5) which would remove streams from the Tier 2.5 list (also tell them you strongly support the water quality standards rule, 47CSR2). Written comments may be submitted to the WV DEP, Public Information Office, 601 57th Street SE, Charleston, WV 25304.  Comments may also be e-mailed to comments@wvdep.org.  Comments must be received by 5:00 p.m. on July 17, 2007.

Second, attend the public hearing on these two rules on July 16 at DEP’s Charleston headquarters, 601 57th Street SE, Charleston, WV 25304. The public hearing begins at 6:00 PM and we plan on rallying against the Tier 2.5 proposal in the DEP parking lot at 5:30 PM.

So send in your comments or come to the public hearing – or both!  Let DEP hear your voice loud and clear – No More Compromises!