Ken Ward

From: Rebecca McPhail [rebecca@wvma.com]
Sent: Tuesday. November 29, 2016 3:03 PM
To: Boggs, Kristin A

Subject: WQS

Kristin just a heads up to let you know that we will be asking the LRRC to encourage the DEP to make some
changes to the Water Quality Standards, 47 CSR 2 at its meeting on December 7. The primary changes relate to
the application and implementation of Category A. The first 2 are intended as alternatives:

1. Add as 5.2.k: ?The Secretary shall waive the requirements of subsection 5.2 for mixing zones for
human health, provided the discharger de?nes the boundary of the mixing zone, and demonstrates that
the mixing zone will not cause or contribute to pollutants in excess ofCategoryA criteria at a public
water supply.? This would allow us some relief in NPDES permits, without making any change to
application of Category A everywhere in the state. If we are wrong in our interpretation of how this
would be applied by the DEP, we would appreciate knowing that.

2. Leave off the changes that the DEP has proposed to Section 6.2, and just clarify where the
Category A criteria apply. This could be done at 6.2.e, by stating: ?The Category A criteria in Appendix
and human health narrative criteria for drinking water developed pursuant to Section 3 of this rule
shall apply at a public water supply intake, or at some other point established by the Secretary at a
distance not to exceed one-half mile upstream of such an intake. Public water supply intakes may be
identi?ed using the Bureau of Public Health list of public water supplies or by performing a survey of
water users.?

3. To address concern about giving businesses notice when a new intake is scheduled to be installed,
incorporate into the rule at 6.2.e or in a new subsection the following: ?The Secretary shall list in
Appendix all existing public water intakes, as defined in this section. The Category A criteria for the
protection of drinking water supplies is applied at each such intake, and the area one?half mile
upstream. When the Secretary learns of a new proposed intake, he or she shall give notice of the
preposed intake to upstream dischargers, and allow a compliance period of not less than 2 years to meet
the Category/1 criteria at the proposed intake and the one?half mile segment upstream. This would
allow businesses time to make adjustments to discharges, but clari?es that ultimate primacy goes to the
water intakes.

We also would like to clarify in the standards that netting of water quality-based criteria is allowed under
appropriate circumstances, and offered comments with proposed alternative language this summer. We would

be glad to send that proposed language to you again if you like.

Please let me know if you have any questions about our proposal.

Rebecca

Rebecca R. McPhail, President

West Virginia Manufacturers Association
2001 Quarrier Street

Charleston, WV 25701

304-342?2123