Water Quality Standards Program Update November 29, 2007

1. Water Quality Standards Program Update November 29, 2007

2. Some Basics • Would like everyone to please sign in • Meeting is being recorded and minutes taken • Recognized before speaking

3. Agenda Category A – Water Supply Use Nutrient Criteria – Rivers and streams Mercury – Fish consumption rate in WV Variances

4. Category A

6. Category A Approach • Currently applies in all waters of the state to protect waters for human consumption, both public and private.

7. 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

8. 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

9. Information Reviewed • WVBPH – Design Standards, including Quantity • WVBPH – Zones of Critical Concern • Other States’ Approaches • Previous Comments • EQB’s Procedural Rule

10. Approach Chosen • Further define use category providing clear directives/standards to be applied in the permitting process • Insufficient flow • Hydrologic Modification

11. 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

12. 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

13. Questions ?

14. Nutrient Criteria – Rivers and Streams

15. 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

16. 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

17. Utilize EPA contractor for data analysis and endpoint development • Conditional probability • LOESS (locally estimated scatterplot smoothing) • Change-Point analysis

18. Questions ?

19. Mercury – FishConsumption Rate in WV

20. Currently Recommended Federal Criteria

21. BW X (RfD - RSC) TRC 4  FIi i=2 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. =

22. 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

23. DNR Phone Survey • Conducted in 2005 (M. Duda, et al.) • 2505 Interviews were completed • Sampling error plus or minus 1.96 percentage points

24. 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

25. 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

26. 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

27. Questions ?

28. Variances

29. 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.

30. 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

31. 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

32. 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

33. Questions ?