Yesterday the West Virginia Department of Environmental Protection (WV DEP) released its long-awaited interpretative policy and implementation guidance for the state’s narrative water quality standards. The guidance consists of two documents -- the first is a statement of interpretation and justification for how the agency will interpret the narrative standards within the context of the West Virginia Water Pollution Control Act and House Concurrent
Resolution No. 111. The WV Water Pollution Control Act & HCR 111 was unanimously adopted by the Legislature during the 2010 Regular Session to provide specific direction to the agency with respect to interpreting the narrative water quality standards. The second document is an implementation guidance document that describes the monitoring and reporting requirements for coal mining operations that are necessary to assure compliance with the narrative standards and to maintain existing/designated stream uses.
The guidance is intended to address concerns and comments raised by the federal Environmental Protection Agency (EPA) in the Clean Water Act Section 402 and Section 404 permitting process that West Virginia does not adequately consider its narrative standards in the review and issuance of Section 402 NPDES permits for the mining industry. The documents released yesterday were also intended to address EPA’s misinterpretation of state narrative water quality standards. EPA has taken the position that a mere shift in the benthic (bug) population below mining operations constitutes a violation of the narrative standards.
The Association’s Environmental-Technical Committee is reviewing the guidance documents and will convene briefing sessions for our General Membership and training sessions for our Associate Membership in the coming weeks.
A copy of the final justification and guidance documents are available from jbostic@wvcoal.com or from WV DEP’s website at www.dep.wv.gov under the permitting section.