The West Virginia Department of Environmental Protection is proposing changes to the rules governing Water Quality Standards for consideration by the Legislature in 2011 and the more public response the better. Industry is saying there is no need to be hasty about new regulations, that we should slow down, but water withdrawals during the low water season have already created serious problems and action is needed now.
The public hearing for this rule will begin at 6 p.m., Monday, July 19 in the Coopers Rock Training Room at DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. The comment period will end at the conclusion of the hearing. For more information on the Water and Waste Management Rules call 304-926-0495.
Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State’s office or from the DEP at www.wvdep.org. Written comments may be submitted to the Public Information Office at the above address or delivered at the public hearing. Comments may also be e-mailed to DEP.Comments@wv.gov.
Comments should reference 47CSR2 – Requirements Governing Water Quality Standards
Here are talking points:
The proposed “Narrative Water Quality Standards” language that makes “certain water withdrawal activities” not allowable in state waters, is a good first step. However, this additional language alone does not go far enough to protect West Virginia streams from water withdrawals. In order to be protective of both human health and aquatic life, DEP should draft legislation for immediate consideration by the West Virginia Legislature that establishes guidelines and a permit process for water withdrawals.
DEP is proposing a statewide water quality standard for “Total Dissolved Solids” (TDS) of 500mg/l measured in-stream (currently WV has no standard). This is stronger than Pennsylvania’s standard of 500mg/l which is measured only at public water supply in-takes. However, it is twice as high as the 250mg/l that EPA recommends as the Human Health Standard for total dissolved solids (TDS is an indicator of the presence of a broad array of chemical contaminants)
B. In addition, DEP fails to propose in this rule an aquatic life standard for conductivity, with which TDS levels are closely associated. DEP should adopt an aquatic life criterion for conductivity as proposed by EPA. In addition, any TDS/conductivity criteria should be protective of streams threatened by golden algae.