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Water Quality Standards Program Update 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

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water quality standards program update november 29 2007
Water Quality Standards Program

Update

November 29, 2007

some basics
Some Basics
  • Would like everyone to please sign in
  • Meeting is being recorded and minutes taken
  • Recognized before speaking
agenda
Agenda

Category A – Water Supply Use

Nutrient Criteria – Rivers and streams

Mercury – Fish consumption rate in WV

Variances

category a approach
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
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
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
Information Reviewed
  • WVBPH – Design Standards, including Quantity
  • WVBPH – Zones of Critical Concern
  • Other States’ Approaches
  • Previous Comments
  • EQB’s Procedural Rule
approach chosen
Approach Chosen
  • Further define use category providing clear directives/standards to be applied in the permitting process
    • Insufficient flow
    • Hydrologic Modification
proposed draft language
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
slide12
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
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
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
slide17
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 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.

=

issues
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
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 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
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
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
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.
slide30
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
slide31
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
slide32
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
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