West Virginia to Change Aluminum, Beryllium Criteria

 The DEP will be holding a public hearing to discuss the proposed emergency rule establishing new criteria for aluminum and beryllium. The rule is found here; to see the changes  scroll back to the chart in Appendix E.  The aluminum  criteria are being updated to reflect hardness-based approaches to criteria setting, and beryllium is being changed to reflect the Safe Drinking Water Act  maximum contaminant level goal  of 4 mg/l.  EPA has never had a recommended beryllium criterion, and the reason for the current West Virginia number is  unclear.  All agree, though, that it is unnecessarily stringent.  Some mining companies were running afoul of it, even though there was no environmental harm being done. 

Here's the DEP's press release:

     The West Virginia Department of Environmental Protection (DEP) Division of Water and Waste Management has scheduled a public hearing and comment period on emergency rule changes to 47CSR2, “Requirements Governing Water Quality Standards.”  The DEP proposes an emergency rule to revise the dissolved aluminum criteria and human health Category A beryllium criterion in 47CSR2.

The hearing will be held at DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV  25304, in the Coopers Rock Training Room on March 27,

2013 at 6:00 p.m.  In addition to oral comments provided at the hearing, the agency will accept written comments at any time up to the conclusion of the public hearing.  No comments will be accepted after that time.  Written comments may be submitted to the following address:

Kevin R Coyne

Water Quality Standards Program

WV Department of Environmental Protection

601 57th Street SE

Charleston, WV  25304

Comments may also be e-mailed to dep.comments@wv.gov  Comments will be made a part of the rulemaking record.  Copies of the emergency rule and other rule documents are available from the Secretary of State’s office or from the agency website www.dep.wv.gov/wqs.  Hardcopies of this information may also be obtained by calling Kevin Coyne at (304) 926-0499, ext. 1110.