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Regulating Selenium in Discharges
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In the Beginning
Regulating Selenium in Discharges
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1. Regulating Selenium in Discharges Kenneth Politan
Division of Mining & Reclamation
2. In the Beginning…. West Virginia promulgated selenium water quality criteria in 1965.
Bragg v. Robertson, Civ. No. 2:98-0636.
Settlement – Programmatic EIS.
Technical studies – water quality monitoring.
3. Reaction NPDES reissuance applications
Streams placed on 303(d) list
Selenium TMDL completed
Notice of intent to sue (NOI)
Civil action filed
4. Selenium Water Quality Criteria in West Virginia 1965 – Total Se 10 ug/l all uses
1986 – Total Se 10 ug/l human health
Selenite 35 ug/l aquatic life
1990 – Total Se 10 ug/l human health
Total Se 5 ug/l aquatic life
1996 – Total Se 10 ug/l human health
Total Se 20 ug/l acute
Total Se 5 ug/l chronic
5. Selenium – General Issues Selenium NPDES permits.
123 permits have selenium limits.
33 permits have selenium limits in effect.
90 permits issued compliance orders.
Approved methods.
Reporting in proper units.
Reasonable potential (RP).
6. Regulating Selenium in Permits Reasonable potential.
Coal seams in the Upper Kanawha formation.
Streams with completed selenium TMDL.
Streams on the 303(d) list for selenium.
Reissuance Table 2-IV-C analyses.
7. Regulating Selenium in Permits New and expanded
Limits effective upon discharge.
Surface mines - material handling plan.
Reissuance
Surface mines may be modified to include material handling plan.
Compliance schedule with interim requirements.
8. Selenium Compliance Orders Interim requirements
Meeting with regional staff.
Surface mines - material handling plan.
Treatment plan.
Commence construction.
Final requirements
Complete construction - meet limits.
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Regulating Selenium in Discharges - In the Beginning
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