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.