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Category A – Water Supply Use

  • Category A – Water Supply Use

  • Nutrient Criteria – Rivers and streams

  • Mercury – Fish consumption rate in WV

  • Variances







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



Overall Objectives

  • 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


Critical Zone approach

  • 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



WVBPH – Design Standards, including Quantity

  • WVBPH – Design Standards, including Quantity

  • WVBPH – Zones of Critical Concern

  • Other States’ Approaches

  • Previous Comments

  • EQB’s Procedural Rule



Further define use category providing clear directives/standards to be applied in the permitting process

  • Further define use category providing clear directives/standards to be applied in the permitting process



Sec. 6.2 Clarifies existing and future

  • 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



Sec. 6.5 Criteria to ensure whether water supply is an existing use

  • 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







The Environmental Quality Board established the Nutrient Criteria Committee (NCC) in 2002 to begin the development of nutrient criteria

  • 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



EPA goal for the development of nutrient criteria for WV rivers and streams is 2009

  • 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



Utilize EPA contractor for data analysis and endpoint development

  • Utilize EPA contractor for data analysis and endpoint development

    • Conditional probability
    • LOESS (locally estimated scatterplot smoothing)
    • Change-Point analysis








BW = Human Body Weight, default value 70 kg for adults

  • 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.



WV methylmercury body burden criterion is currently 0.5 mg/kg

  • 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



Conducted in 2005 (M. Duda, et al.)

  • Conducted in 2005 (M. Duda, et al.)

  • 2505 Interviews were completed

  • Sampling error plus or minus 1.96 percentage points



  • 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



ORSANCO recreational use and fish consumption survey on the Ohio River

  • ORSANCO recreational use and fish consumption survey on the Ohio River

  • WV statewide fish consumption survey

    • Conference calls with EPA to define what is included in “Fish Intake”
    • Survey instrument being developed by Responsive Management


Evaluate results of the survey to determine the fish consumption rate for WV

  • 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







Union Carbide Corporation

  • 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.


Huntington Alloys Corporation

  • 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


Consolidation/Windsor Coal Company

  • 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


Mittal Steel USA – Weirton Plant

  • 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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