Charleston Landfill Goes Green

The City of Charleston is talking about private developers putting in a 2 million dollar electricity generation station at its landfill. Who can be opposed to producing electricity from an otherwise waste gas? Well, it will be interesting to see the cost per kilowatt of generating electricity in this fashion. It appears that the University of Charleston may be interested in paying a premium for the electricity. See the article at http://www.wvgazette.com/News/200807250660

DEP Proposes Changes to Water Quality Standards

The WV DEP water quality standards program has proposed changes to water quality standards rule, found at 47 CSR 2, that would dramatically change the rules pertaining to public water supplies. Currently, the rule only states that the Category B and C uses, for protection of aquatic life and water contact recreation, apply on a state-wide basis. However, the DEP has taken the position in the past that it will apply the Category A use, for the protection of public drinking water supplies, on a state-wide basis. The DEP now wants to write that designation into the rule, a move that is likely to be opposed by a coalition of business and municipal groups that could see changes in the way that NPDES permit limits are written.

The DEP has also proposed to simplify the manner in which the Category A use can be determined not to apply to a certain stream segment. The DEP might decide that a stream segment could not be used as a public water supply because it is too small or it has been hydrologically modified in some way. This is a welcome change, as it would make it easier to show that a use does not apply, without going through an amendment to the rule, which must then be approved by the WV Legislature and the US EPA. However, a question exists as to whether the rule as written will allow the DEP to implement its program as proposed.

Comments on the proposed changes are due at or prior to the August 18 public hearing in the Coopers Rock training room at the DEP headquarters.

EPA to Approve Surface Mine Changes

EPA has announced that it has received from West Virginia the proposed revisions to its coal mining program involving the special reclamation tax, payment for sites where bonds have been forfeited, storm water runoff analyses, and other changes. Information about the proposed rule changes follows.

We are announcing receipt of a proposed amendment to the West
Virginia regulatory program (the West Virginia program) under the
Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). West Virginia is submitting a proposed amendment to revise
its Code of State Regulations (CSR) and the West Virginia Code, as
contained in Committee Substitutes for Senate Bills 373 and 751. The
proposed amendment covers a variety of issues including, but not
limited to, statutory changes involving the special reclamation tax,
the creation of alternative programs for the purpose of paying for the
reclamation of forfeited sites including water treatment where
required, and incremental bonding.
Other provisions include regulatory revisions relating to public
notice of permit applications, incidental boundary revisions, permit
issuance findings, inspection of certain impoundments, reclamation of
natural drainways subsequent to sediment pond removal, storm water
runoff analysis,
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contemporaneous reclamation standards regarding excess spoil fills and
bonding of certain types of excess spoil fills, and effluent limits and
bond releases on remining operations.
In addition, most blasting provisions have been removed from the
State's Surface Mining Reclamation Regulations at Title 38 CSR 2 and
will now only be found in the State's Surface Mining Blasting Rule at
Title 199 CSR 1.
On June 16, 2008, OSM published in a separate Federal Register
notice, an interim approval of the State's alternative bonding
provisions at section 22-3-11 of the West Virginia Surface Coal Mining
and Reclamation Act (WVSCMRA) that specifically relates to the special
reclamation tax and the creation of the Special Reclamation Water Trust
Fund. OSM will accept comments on all other provisions of the program
amendment pursuant to this proposed rule notice.
DATES: We will accept written comments until 4 p.m., EDT August 7,
2008. If requested, we will hold a public hearing on August 4, 2008. We
will accept requests to speak until 4 p.m., EDT on July 23, 2008.

EPA Approves Storm Water Permit

EPA has approved reissuance of its storm water permit for construction activities. It does not apply in West Virginia, but most states follow its form and impose similar requirements in their state storm water construction permits. In that regard, it's a good guide to what the West Virginia DEP will be offering in the future. The following is a press release from EPA


EPA Re-Issues Permit for Construction Site Stormwater The EPA is re-issuing a stormwater Construction General Permit (CGP), which expired July 1, 2008, for a two-year time period. The permit will apply only where EPA is the permitting authority, which is in five states (Massachusetts, New Hampshire, New Mexico, Idaho and Alaska); Washington, D.C.; most territories; and most Indian country lands.
The CGP regulates the discharge of stormwater from construction sites that disturb one acre or more of land, and from smaller sites that are part of a larger, common plan of development. The permit requires operators of the construction sites to use stormwater controls and develop stormwater pollution prevention plans to minimize the discharge of sediment and other pollutants associated with construction sites in stormwater runoff.
Under the re-issued permit, new dischargers include new construction sites that start construction on or after the effective date of this permit and those that have already started construction, but do not have coverage under the 2003 CGP. Sites that have coverage under the 2003 CGP must continue to comply with the provisions of that permit and do not need to apply for coverage under this new permit.
The permit uses most of the same terms and conditions as EPA's 2003 permit. EPA is coordinating the permit with a second effort that is underway to establish national clean water standards, known as an effluent limitation guideline, for the construction and development industry. Upon finalization of the guideline, EPA plans to include its provisions into a new and improved five-year CGP to be reissued no later than July 2010.
For more information on the Construction General Permit: http://www.epa.gov/npdes/stormwater/cgp
2) Effective Utility Management Primer and Electronic Toolbox Released To assist utility managers in promoting sustainable operations and improving performance, the U.S. Environmental Protection Agency helped create the ?Effective Utility Management Primer.? This is a collaborative effort with six national associations: Water Environment Federation, the National Association of Clean Water Agencies, American Water Works Association, Association of Metropolitan Water Agencies, American Public Works Association, and National Association of Water Companies.
Based on the ?Ten Attributes of Effectively Managed Water Sector Utilities? and the five ?Keys to Management Success,? the primer provides a framework through a customized, incremental approach to help utility managers identify which of the 10 attributes they should focus on first. It also features a series of suggested utility performance measures. This will allow utilities to establish a performance baseline and begin to measure their progress. The document is available at http://www.epa.gov/waterinfrastructure/pdfs/tools_si_watereum_primerforeffectiveutilities.pdf
There is also an electronic resource toolbox that utilities will be able to access on-line from the collaborating organizations at http://watereum.org/. Water and wastewater utilities across the country are facing many common challenges, including rising costs, aging infrastructure, increasingly stringent regulatory requirements, population changes, and a rapidly changing workforce. Effective utility management is critical to enable utilities to tackle challenges, increase performance and achieve success in the long run