DEP Drops Water Quality Standard Changes

Officials at the WV DEP have confirmed that they have withdrawn changes to the water quality standards, 47 CSR 2, that were proposed in June. Those changes would have clarified that all water bodies in the state are to be treated as public water supplies, and then would have set up a system for removing that use on very small streams during the permit issuance process. Industry groups had welcomed the DEP's proposal to address use designations through the permitting process, but were opposed to designating all streams as public water supplies. Such a designation greatly increases the permitting burden on state industries, and calls into question the ability of the state to remove the uses during the permit issuance process. Industry groups had proposed that the DEP not designate all streams as public water supplies, and instead require all permit applicants to prove that there was no public water supply that would be affected by the permitted discharge. That would provide protection to public water supplies, and at the same time relieve permittees of having to remove the public water supply use, which is a long and involved process.

The DEP decided to withdraw the rule changes on the grounds that industry was so opposed to the amendments. Presumably the DEP will continue to impose Category A (public water supply) criteria in all permits, even though the water quality standards rule does not provide a basis for doing so. This sets up another battle over Category A use application in a permit appeal, where apparently the DEP believes it will have a greater chance of success.