Public Hearing: July 19

WVEC Action Alert

July 9, 2010

Protect Our Water!
Support Stronger Water Quality Standards
Comment to DEP Now!

Public Hearing: July 19
Public Comment Period Ends: July 19

Every three years each state is required by the federal Clean Water Act to update its water quality standards. It’s called the Triennial Review process, and it’s an integral part of the Clean Water Act’s attempt to ensure that state water quality standards are protective of human health and the environment. Water quality standards are basically the amounts of various pollutants that are allowed to be dumped into our rivers and streams. These standards determine just how clean – or how dirty – our water will be.

As part of the Triennial Review Process the West Virginia Department of Environmental Protection is proposing changes to the state Water Quality Standards Rule (47CSR2) for consideration by the Legislature in 2011. Some of the proposed changes this year are good first steps, but do not go far enough to protect water quality. Other changes being proposed actually would weaken the state’s water quality standards and are not protective of either human health or aquatic life.

DEP will hold a public hearing on these proposed changes on Monday, July 19, beginning at 6:00 PM, in the Cooper’s Rock Training Room at DEP’s Charleston headquarters located at 601 57th Street S.E., Charleston, WV 25304. The public comment period closes at the end of that public hearing.

Until that time you can submit written comments via U.S. mail addressed to the Public Information Office, 601 57th Street S.E., Charleston, WV 25304. You can also submit comments via email to DEP.Comments@wv.gov

So if you are concerned about streams being dewatered or brine being dumped into streams by drilling Marcellus Shale gas wells, or fish kills on streams like Dunkard Creek, or huge amounts of algae clogging your favorite lakes and rivers, or maintaining the highest water quality standards on your favorite trout stream, now is the time to let DEP know.

Below are brief descriptions of the major changes being proposed by DEP and responses that you might include in your own comments:

DEP’s proposed “Narrative Water Quality Standards” language that makes “certain water withdrawal activities” not allowable in state waters, is a good first step. However, this additional language alone does not go far enough to protect West Virginia streams from water withdrawals. In order to be protective of both human health and aquatic life, DEP should draft legislation for immediate consideration by the West Virginia Legislature that establishes guidelines and a permit process for water withdrawals.

DEP proposes to make permanent a Mixing Zone Variance for Weirton Steel. This would eliminate current monitoring requirements and remove any incentive for Weirton Steel to correct its discharge so that it does not discharge pollutants at concentrations in excess of the “Category A” public water supply criteria within one-half mile of a public water supply intake. This provision should be dropped from this rule.

DEP is proposing new Nutrient Criteria for Lakes language that would result in lakes not being considered “impaired” unless both phosphorous and chlorophyll-a water quality standards are exceeded. This directly contradicts EPA guidance on the development of nutrient criteria, which recognizes that lakes might be impaired for either phosphorous or chlorophyll-a independently of each other. This provision should also be dropped from this rule.

DEP is proposing a specific phosphorous standard to combat algae problems on the Greenbrier River. This is a good first step. However, the state has made no progress on developing statewide Nutrient Criteria for Rivers and Streams. DEP should reconvene its Stakeholders Nutrient Committee and move the criteria-setting process for rivers and streams forward as expeditiously as possible.

DEP is proposing to weaken the water quality standard for Iron on Trout Streams by doubling the current limit of 0.5 parts per million of iron to 1.0 parts per million. DEP is basing its decision on studies that don’t take into account the unique characteristics of West Virginia trout waters: low pH, low conductivity, low ionic strength, and low acid neutralization capacity. Lowering this standard will impose major costs on the state, because hundreds of existing clean-up plans (TMDLs) and NPDES discharge permits will have to be re-written. West Virginia’s trout streams are a valuable public resource. The iron standard should not be changed until more thorough studies are conducted that consider the unique water quality characteristics of WV’s trout waters.

DEP is proposing a statewide water quality standard for “Total Dissolved Solids” (TDS) of 500mg/l measured in-stream. This is stronger than Pennsylvania’s standard of 500mg/l which is measured only at public water supply in-takes. However, it is twice as high as the 250mg/l that EPA recommends as the Human Health Standard for total dissolved solids. A) DEP should adopt the federal standard for human health of 250mg/l. B) In addition, DEP fails to propose in this rule an aquatic life standard for conductivity, with which TDS levels are closely associated. DEP should adopt an aquatic life criterion for conductivity as proposed by EPA. In addition, any criteria for TDS/conductivity should be protective of streams threatened by golden algae.

Donald S. Garvin, Jr.
WVEC Legislative Coordinator