Post on 17-Dec-2015
Some Basics
• Would like everyone to please sign in
• Meeting is being recorded and minutes taken
• Recognized before speaking
Agenda
• Category A – Water Supply Use• Nutrient Criteria – Rivers and
streams• Mercury – Fish consumption rate in
WV• Variances
Category A Approach
• Currently applies in all waters of the state to protect waters for human consumption, both public and private.
Review of Category A Approach
• Overall Objectives – Draft language for 47CSR2 that further
describes Category A in a manner that continues to protect State waters for existing and future water supplies, both public and private
– Recognize that certain site-specific realities exist and attempt to minimize the unnecessary utilization of resources
– Ensure public participation
Options Considered
• Critical Zone approach – WVBPH - Zones of Critical Concern
(ZCC) or other protective zone approach
• Watershed approach• Universal Category A coverage with
specific directives/standards to be applied in the permitting process
Information Reviewed
• WVBPH – Design Standards, including Quantity
• WVBPH – Zones of Critical Concern• Other States’ Approaches• Previous Comments• EQB’s Procedural Rule
Approach Chosen
• Further define use category providing clear directives/standards to be applied in the permitting process – Insufficient flow– Hydrologic Modification
Proposed Draft Language
• Sec. 6.2 Clarifies existing and future
• Sec. 6.3-6.7 New language added
• Sec. 6.3 All waters designated water supply except those determined in accordance with specific rule criteria
• Sec. 6.4 Must consult with WVBPH and give notice/comment to public
• Sec. 6.5 Criteria to ensure whether water supply is an existing use
• Sec. 6.6 Downstream uses protected
• Sec. 6.7 Preserves current UAA process
Brief History• The Environmental Quality Board
established the Nutrient Criteria Committee (NCC) in 2002 to begin the development of nutrient criteria
• In 2006 the NCC reached consensus on nutrient criteria for lakes and reservoirs
• Recommended lakes and reservoir criteria currently awaiting review and approval by the 2008 Legislature
Current Activities
• EPA goal for the development of nutrient criteria for WV rivers and streams is 2009
• Determine if sufficient WV and Ecoregion XI data is available
• Acquire EPA funding to evaluate data and determine possible endpoints
• Utilize EPA contractor for data analysis and endpoint development – Conditional probability– LOESS (locally estimated scatterplot
smoothing)– Change-Point analysis
Equation for Tissue Res. Conc.
• BW = Human Body Weight, default value 70 kg for adults• Rfd = Hg Reference Dose of 0.0001 mg MeHg/kg body weight-day• RSC = Relative Source Contribution (adjustment for marine fish
consumption)– estimated to be 2.7 X 10-5 mg MeHg/kg body weight-day
FIi = Sport Fish Intake (the summation of three fish trophic levels) Default value for general population is 0.0175 kg of fish/day
The only WV variable in the formula.
TRCBW X (RfD - RSC)
4
i=2FIi
=___________________
Issues• WV methylmercury body burden
criterion is currently 0.5 mg/kg
• The 0.3 mg/kg federal methylmercury fish tissue residue criterion is based on a national fish consumption rate of 0.0175 kg/day
• Preliminary studies suggest WV fish consumption rate may be lower
DNR Phone Survey
• Conducted in 2005 (M. Duda, et al.)• 2505 Interviews were completed• Sampling error plus or minus 1.96
percentage points
Preliminary Results• Preliminary WV fish consumption #
= 0.00567 to 0.00922 kg fish/day (.2 to .325 oz fish/day)
• Altering catfish meal size and percent of species eaten results in a variable body burden ranging from 0.55 mg/kg to 0.90 mg/kg
• WV’s current criterion = 0.5 mg/kg
Current Activity• ORSANCO recreational use and fish
consumption survey on the Ohio River– Conducted by Responsive Management– Member states allowed to participate
• WV statewide fish consumption survey– Conference calls with EPA to define what
is included in “Fish Intake” – Survey instrument being developed by
Responsive Management
Next Step• Evaluate results of the survey to
determine the fish consumption rate for WV
• Calculate the state-specific tissue residue concentration using the EPA formula and the WV fish consumption rate
• Determine whether current WV criterion is as protective as EPA recommended criterion
Variance Update• Union Carbide Corporation
– Variance from numeric water quality criteria for chloride in Ward Hollow of Davis Creek until July 1, 2008 due to naturally occurring chloride concentrations
– Approved by 2006 Legislature/Governor ; effective date 7/1/2006
– Approved by USEPA 9/26/2006– Extension of the variance until July 1,
2010 to coincide with the triennial review and required reevaluation.
• Huntington Alloys Corporation
– Removal of Category A and D1 designations on Pats Branch from its confluence with the Guyandotte River to a point 1000 feet upstream
– Filed an agency-approved rule with the Secretary of State and Legislative Rulemaking Review Committee on 7/27/07 and currently awaiting review and approval by 2008 Legislature
• Consolidation/Windsor Coal Company
– Socioeconomic variance from numeric water quality criteria for chloride
– Encompassed nine stream segments and 113 stream miles
– Variance request denied on 9/5/2007 due to company’s inability to satisfy the socioeconomic condition
• Mittal Steel USA – Weirton Plant
– Change the use designations and water quality standards for temperature, lead and total iron for the lower 2.3 miles of Harmon Creek
– Application based on socioeconomic conditions that prevent the attainment of water quality criteria
– WVDEP is currently reviewing the variance request