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 – Fish Consumption Rate in WV

20. Currently Recommended Federal Criteria

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

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 ?