Water Quality Standards ProgramUpdate

November 29, 2007

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

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

Questions ?

Nutrient Criteria – Rivers and Streams

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

Questions ?

Mercury – FishConsumption Rate in

WV

Currently Recommended Federal Criteria

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

Questions ?

Variances

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

Questions ?