DEP Issues Tier 3 Interpretive Rule

The WV DEP has issued its interpretive rule describing how it will implement the Legislature's decision to eliminate Tier 2.5 from the water quality standards (47 CSR 2) and antidegradation rule (60 CSR 5) and expand the categories of Tier 3 waters. The rule can be found at http://www.wvdep.org/Docs/14902_47-2A_Designation_Tier_3_waters_4-15-08.pdf The DEP website also has explanatory documents that will help explain how the rule is expected to work.

For those interested in Tier 3, the water quality standards rule, which sets out the definition of Tier 3 (see section 4.1), can be found at http://www.wvsos.com/csrdocs/pdfdocs/47-02.pdf and antideg rule, which explains how antidegradation is applied, and how Tier 3 waters are nominated, can be found at http://www.wvsos.com/csrdocs/pdfdocs/60-05.pdf

The rule is an interpretive rule, and therefore will not be subject to legislative approval, absent a challenge by someone alleging that it is a legislative rule.