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West Virginia Environmental Council Action Alert June 27, 2014 WVEC Alerts Archive Water Quality Standards Rule and Air Quality Rules Public Hearing on Water Quality Standards Rule Public Comment Period Ends July 21. The WV Department of Environmental Protection’s Division of Water and Waste Management is conducting a public hearing and comment period on its proposed rule to revise Legislative Rule 47CSR2, “Requirements Governing Water Quality Standards.” DEP is proposing two site specific revisions to the rule important to the Kanawha River: (1) removal of the Water Use Category A exemption for the Kanawha River main stem, Zone 1; and (2) addition of a copper water effect ratio (WER) for the Charleston Sanitary Board (CSB) wastewater treatment plant discharge to the Kanawha River. Background: Years ago, a portion of the Kanawha River was exempted from Clean Water Act protections for the Category A/Public Water Supply use. Category A describes waters which, after conventional treatment, are used for human consumption (drinking water). The exemption means that dischargers to the Kanawha River and its tributaries are not being held accountable to ensure that the river is clean enough to serve as a raw water intake for a public water system. DEP is now proposing to remove this exemption and to treat the Kanawha River like it treats all other waters in West Virginia. The likely impact of the change is that, over time, water pollution control permits for chemical plants and other dischargers may need to be strengthened to ensure that strict Category A standards are met in the Kanawha River. Additional field monitoring will be required in the Kanawha River to determine whether Category A standards are being met. If the river proves to be sufficiently clean, then one outcome may be for West Virginia American Water to propose a secondary intake in the Kanawha River, which could be used if the primary intake in the Elk River were to become contaminated again. We strongly support this change and urge you to tell DEP that you also support it. The public hearing is the first opportunity for citizens to offer oral comments on a proposed rule affecting the Kanawha River. Written comments may be submitted to DEP through 5:00 P.M., July 21. Written comments may be submitted to the following address: Comments also may be e-mailed to dep.comments@wv.gov. A copy of the proposed rule is available at http://www.dep.wv.gov/pio/Pages/Rules.aspx. Public Hearing and Comment Period on Proposed Air Quality Rules July 7, 6:00 P.M. at DEP Headquarters, Dolly Sods Conference Room, 601 57th Street SE, Charleston WV 25304. The WV DEP Division of Air Quality has scheduled a public hearing on July 7, 2014 for its 2015 proposed legislative rules. The public comment period will end at the conclusion of the public hearing. Division of Air Quality Proposed Rule Changes: 45CSR14 – Permits for Construction and Major Modification of Major Stationary 45CSR16 – Standards of Performance for New Stationary Sources 45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and 45CSR30 – Requirements for Operating Permits 45CSR34 – Emission Standards for Hazardous Air Pollutants Copies of the proposed rule changes are available at http://www.dep.wv.gov/pio/Pages/Rules.aspx. Written comments may be submitted to the DEP Public Information Office, 601 57th St., S.E., Charleston, WV 25304. Comments may also be e-mailed to: Don Garvin |