WVEC Action AlertMarch 23, 2010Opportunities for Public CommentNow that the 2010 regular session of the WV Legislature is over (and you have all this copious free time – smile), here are several opportunities for public comment on agency proposals.
DEP Seeks Input on Narrative Criteria Protocol In a recent press release, WV Department of Environmental Protection Secretary Randy Huffman announced that the agency is in the process of establishing a protocol for implementing and enforcing the state’s narrative water quality criteria, as required under the federal Clean Water Act. As part of that process for establishing a state protocol, the DEP is researching what other states are doing as well as seeking input from interested parties within the state. “The protocol we establish will be our own, but we want to give those who want to propose a solution the opportunity to have their ideas considered,” Huffman said. Those who would like to submit ideas or scientific theories for how the agency should implement and enforce the narrative water quality standard are invited to do so by March 26. All submissions will be placed on the agency’s website for public review. “Water quality has become the main topic of conversation across all types of industry, and there is a great deal of debate about what is or should be considered impairment,” Huffman said. “Our goal is to take into consideration the ideas of others as we develop our plan for implementing and enforcing the narrative standard.” “What I am looking for are well-thought-out ideas on how we can measure aquatic life impacts and tie those impacts back to the problem where we can then fix it, using the tools of the Clean Water Act,” Huffman added. The press release went out on this on March 3, so the March 26 deadline is very short turnaround time, making it unclear just how “official” this comment period is. But submissions can be emailed to DEP.comments@wv.gov or mailed to: The Department of Environmental Protection, 601 57th Street SE, Charleston, WV 25304. PSC Comment Period on Net Metering Ends April 4th Here is another comment period with a quick turnaround time. The WV Public Service Commission has proposed new Net Metering Rules, which include eligibility, technical, interconnection, metering, tariff filing and reporting requirements relating to net metering. The proposed rules are contained in PSC General Order No. 258, and can be found on the Internet here. Any interested person or corporation may file specific written comments on the proposed amended rules by April 4, 2010, by 4:OO p.m., to Sandra Squire, Executive Secretary, Public Service Commission of West Virginia, Post Office Box 812, Charleston, West Virginia 25323. Replies to comments may be filed no later than May 5, 2010 by 4:OO pm. Any party seeking a hearing on the proposed rules shall make a specific written request by March 30,2010 and explicitly state the grounds upon which the request for a hearing is made. DEP Emergency Water Quality Rule for Weirton Steel The WV DEP’s Division of Water and Waste Management has scheduled a public hearing and comment period on emergency rule changes to 47CSR2, “Requirements Governing Water Quality Standards.” The DEP proposes an emergency rule to make a site-specific exception to the half-mile rule so that it shall not apply to the Ohio River main channel (between Brown’s Island and the left descending bank) between river mile points 61.0 and 63.5. The site-specific exemption currently in the rule expires September 1, 2010, and involves the Category A water quality standards for iron at the former Weirton Steel facility. The public hearing will take place April 1 at 6 p.m. at the DEP’s headquarters, located at 601 57th Street SE, Charleston, WV 25304 in the Coopers Rock Training Room. In addition to oral comments provided at the hearing, the agency will accept written comments at any time up to April 5, 2010. No comments will be accepted after that date. Written comments may be submitted to Kathy Cosco, Public Information Office, at the above address. Comments may also be e-mailed to Linda.B.Keller@wv.gov Comments will be made part of the record. Copies of the emergency rule and other rule documents are available from the Secretary of State’s office or from the agency at http://www.dep.wv.gov/WWE/Programs/wqs/Pages/WQSpublicmeetings.aspx. You may also obtain hardcopies of this information by calling Gloria Shaffer at (304)926-0499, ext. 1033. DEP Accepting Public Comment on Impaired Streams List The WV DEP has developed a draft list of West Virginia’s impaired streams and lakes (commonly known as the 303[d] list). DEP is required by the federal EPA to update its list of impaired waters every two years. The list is compiled from readily available information and serves as an inventory of waters for which clean up plans must be developed. An “impaired water” is a water body, which, due to a pollutant or combination of pollutants, fails to meet state water quality standards. By violating applicable water quality standards, impaired waters fail to support one or more of their designated uses such as, public drinking water supply, aquatic life propagation, or contact recreation. In order to allow public participation in the listing process, a public comment period began March 15. The comment period ends April 19, 2010. Comments may be submitted by e-mail to Stephen.A.Young@wv.gov or via U.S. mail to: The draft West Virginia 2010 Section 303(d) List may be viewed on DEP’s Web site, For more information about the impaired stream list, please contact Steve Young at (304) 926-0495. EPA Launches Web Forum on How to Best Protect America’s Waters The U.S. Environmental Protection Agency (EPA) is seeking public input on how the agency can better protect and improve the health of our waters. For a two- week period, EPA is holding a Web discussion forum on how the nation can better manage some of the most significant water pollution problems facing our nation. The feedback received on the online forum will help shape the discussion at EPA’s upcoming conference in April, “Coming Together for Clean Water,” where EPA will engage approximately 100 executive and local level water leaders on the agency’s clean water agenda. EPA wants to receive input from water professionals, advocates, and anyone interested in water quality issues about best solution – from planning, scientific tools, low impact development, to green infrastructure and beyond – in controlling water pollution and how resources can be better focused to improve these efforts. To join the discussion: http://blog.epa.gov/waterforum/
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