DEP Seeks Comment On Narrative Criteria In West Virginia Water Quality Standards

The DEP is seeking suggestions on how it should interpret West Virginia's narrative water quality criteria. The narrative criteria are non-numeric criteria in the water quality standards, such as the general prohibition against "materials in concentrations which are harmful, hazardous or toxic to man, animal or aquatic life" (47 CSR 2-3.2.e) or "any . . . condition . . .which adversely alters the integrity of the waters of the State including wetlands; no significant adverse impact to the chemical, physical, hydrologic or biological components of the aquatic ecosystems shall be allowed." (47 CSR 2-3.2.i).

These passages have been interpreted by EPA to require significant restrictions on mountaintop mining because of potential impairment of a single type of aquatic insect. EPA has criticized the state for not having a method of implementing its narrative standard. Secretary Huffman is now proposing to come up with an implementation method. However, as he notes, it will affect everyone, not only mining.

Here's the DEP press release:


For More Information
Kathy Cosco, 304-926-0440


WVDEP Seeks Input On Narrative Criteria Protocol

The West Virginia Department of Environmental Protection’s Cabinet Secretary, Randy Huffman, spoke to the Senate Committee on Energy, Industry and Mining today. He was asked to give a report on the status of mining permits that are currently undergoing review by the Environmental Protection Agency.

During his presentation to the committee, Huffman announced that the agency is in the process of establishing a protocol for implementing and enforcing the state’s narrative water quality criteria.

The lack of a solid plan for enforcing the narrative standard is the main criticism the EPA has had with the state of West Virginia’s regulation of mountaintop mining activities over the past year. However, Huffman pointed out to the committee that the standard doesn’t apply to just surface mining or mining in general, but has implications across all types of industrial activities.

As part of the process for establishing a state protocol, the DEP is researching what other states are doing as well as seeking input from interested parties within the state.

“Water quality has become the main topic of conversation across all types of industry, and there is a great deal of debate about what is or should be considered impairment,”
Huffman said. “Our goal is to take into consideration the ideas of others as we develop our plan for implementing and enforcing the narrative standard.

“I’m not looking for data and reports, I have that,” he said. “Nor do I intend to debate the pros and cons of coal mining. What I am looking for are well-thought-out ideas on how we can measure aquatic life impacts and tie those impacts back to the problem where we can then fix it, using the tools of the Clean Water Act.

“The protocol we establish will be our own, but we want to give those who want to propose a solution the opportunity to have their ideas considered,” Huffman said.

Those who would like to submit ideas or scientific theories for how the agency should implement and enforce the narrative water quality standard are invited to do so by March 26. Submissions can be emailed to DEP.comments@wv.gov or mailed to:
The Department of Environmental Protection
601 57th Street SE
Charleston, WV 25304

All submissions will be placed on the agency’s website for public review.