WV DEP Holds Water Quality Standards Meeting

On May 18 the DEP Division of Water and Waste Management held a public meeting to discuss its plans for the 2011 triennial review of water quality standards (47 CSR 2). The DEP does not intend to propose changes to the water quality standards this year, for adoption by the Legislature in 2010, as it is still trying to get approval from EPA for the changes adopted by the Legislature in 2008. Scott Mandirola, Director of the DWWM, believes that the only holdup from those 2008 rule changes, which will not become final until EPA approves them, has to do with the nutrient criteria proposed for lakes. The rest of the changes should be approved, he hopes in the next couple months.

Selenium criteria are not currently on the list of issues the DEP is looking at for 2011, because EPA implementation guidance for the body burden criteria has been delayed, as EPA goes to public notice again. Also, the DEP is doing more fish tissue and water quality testing, particularly around the Mud River.

There were 4 presentations regarding changes that might be proposed for 2011. I will just hit the highlights here, as the PowerPoint presentations are available on the website now, which can provide more detail.

Mike Arcuri spoke about the fish consumption survey that was conducted for DEP by Responsive Management and its relation to the mercury criteria. There are presently 2 sets of criteria for mercury – those that set a limit for mercury (.5ug/g) in fish tissue, where it bioaccumulates, and water column criteria (.14 ug/l or 15ug/l) that are used to set NPDES permit limits. The fish consumption survey revealed that West Virginians do not eat as much locally caught fish as other states’ citizens, and using EPA’s criteria formula, the acceptable body burden criteria ranged from about .51 to .54 ug/g. This is substantially higher than the EPA recommended criterion of .3 ug/g. In short, there is no reason to decrease the body burden criteria.

James Summers presented the findings on nutrients. The DEP has found a correlation between phosphorus and hardness in causing algae growth in state streams. Criteria for phosphorus may therefore be linked to hardness for purposes of state streams, but lower levels eventually may be required for protection of the Chesapeake Bay and Gulf of Mexico. Other potential nutrients, like nitrogen, don’t seem to be implicated on a state-wide basis, although they may have local effects.

Dave Montali explained that the low criterion (.5 ppm) for iron in trout waters was causing problems with developing achievable TMDLs. Iron levels are tied to sediment runoff during storm events, and some sediments in the state are so high in iron that, even eliminating all human-induced effects, state streams can’t meet the .5 standard during storm loading. That standard is lower than any other state, as far as can be determined, and is not justified by studies done 30 years ago by the DNR. Most states that have an iron criterion for trout water set it no lower than 1 ppm, and EPA does not recommend a lower number. Pat Campbell mentioned that the DEP is looking at several options, including raising the criterion, or leaving the criterion the same, but allowing larger or more frequent exceedances, since episodic storm-related iron increases don’t seem to be a problem.

Pat Campbell spoke about total dissolved solids, primarily in the Monongahela River, and what the DEP is doing to decide whether there is need for TDS criteria. The DEP is currently gathering data and talking with EPA about the need for criteria, and Pat requested input from interested parties by July 2, 2009. There does not appear to be a widespread problem in West Virginia, at least not to the extent experienced by Pennsylvania, which allows oil and gas produced waters to be discharged to state streams. It appears that TDS loading in the West Virginia portion of the Mon River is associated with mining, not produced fluids from oil and gas production. The DEP is in the process of analyzing frac waters from Marcellus shale wells for chlorides and other substances, such as benzene, to get a handle on what would be discharged with the produced water when it is sent to POTWs.

Scott Mandirola closed the meeting by stating that the DEP is interested in other changes to water quality standards, and is soliciting other proposals for changes. He expects to hold another meeting in 3 to 4 months.