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ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2663
(By Delegates Mahan, Wills, Cann,
Kominar, Faircloth and Riggs)
(Originating in the Committee on the Judiciary)
[March 28, 2001]
A BILL to amend and reenact article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the division of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR Part 60; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of emissions from municipal solid waste landfills; to authorizing the division of environmental protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing the division of environmental protection to promulgate a legislative rule relating to oil and gas wells and other wells; authorizing the division of environmental protection to promulgate a legislative rule relating to hazardous waste management; authorizing the division of environmental protection to promulgate a legislative rule relating to underground storage tanks; authorizing the solid waste management board to promulgate a legislative rule relating to the developing, updating and amending of comprehensive litter and solid waste control plans; authorizing the solid waste management board to promulgate a legislative rule relating to the development of commercial and solid waste facility siting plans; authorizing the division of environmental protection to promulgate a legislative rule relating to the NOx budget trading program as a means of control and reduction of nitrogen oxides; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from the combustion of refuse; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the division of environmental protection to promulgate a legislative rule relating to the awarding of the West Virginia stream partners program grant; authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining blasting; authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the division of environmental protection to promulgate a legislative rule relating to quarrying and reclamation; authorizing the division of environmental protection to promulgate a legislative rule relating to the certification of gas wells; authorizing the division of environmental protection to promulgate a legislative rule relating to yard waste composting; authorizing the division of environmental protection to promulgate a legislative rule relating to waste tire management; authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Division of environmental protection.
(a) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the division of environmental protection (emission standards for hazardous air pollutants pursuant to 40 CFR Part 61, 45 CSR 15), is authorized.
(b) The legislative rule filed in the state register on the twenty-ninth day of August two thousand, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the division of environmental protection (standards of performance for new stationary sources pursuant to 40 CFR Part 60, 45 CSR 16), is authorized.
(c) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the division of environmental protection (to prevent and control emissions from municipal solid waste landfills, 45 CSR 23), is authorized.
(d) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the division of environmental protection (requirements for operating permits, 45 CSR 30), is authorized.
(e) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the division of environmental protection (emission standards for hazardous air pollutants pursuant to 40 CFR Part 63, 45 CSR 34), is authorized.
(f) The legislative rule filed in the state register on the twenty-third day of August, two thousand, authorized under the authority of section two, article six, chapter twenty-two, of this code, relating to the division of environmental protection (oil and gas wells and other wells, 35 CSR 4), is authorized.
(g) The legislative rule filed in the state register on the twenty-third day of August, two thousand, authorized under the authority of section six, article eighteen, chapter twenty-two of this code, relating to the division of environmental protection (hazardous waste management, 33 CSR 20), is authorized.
(h) The legislative rule filed in the state register on the twenty-third day of August, two thousand, authorized under the authority of section six, article eighteen, chapter twenty-two, of this code, relating to the division of environmental protection (underground storage tanks, 33 CSR 30), is authorized.
(i) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section four, article five, chapter twenty-two, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirteenth day of December, two thousand, relating to the division of environmental protection (NOx budget trading program as a means of control and reduction of nitrogen oxides, 45 CSR 1), is authorized
(j) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of January, two thousand one, relating to the division of environmental protection (to prevent and control air pollution from combustion of refuse, 45 CSR 6), is authorized.
(k) The legislative rule filed in the state register on the thirty-first day of August two thousand, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of December, two thousand, relating to the division of environmental protection (to prevent and control air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized.
(l) The legislative rule filed in the state register on the fourth day of May, two thousand, authorized under the authority of section four, article thirteen, chapter twenty, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of July, two thousand, relating to the division of environmental protection (awarding of the West Virginia stream partners program grant, 60 CSR 4), is authorized.
(m) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section three, article three-a, chapter twenty-two of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of February, two thousand one, relating to the division of environmental protection (surface mining blasting, 199 CSR 1), is authorized with the following amendments:
On page 2, subsection 2.8, after the word "outermost" by inserting the word "loaded";
On page 6, subdivision 3.2.c, by striking out the proposed sentence at the end of the paragraph and inserting in lieu thereof a new sentence to read as follows: For all surface coal extraction operations that will include production blasting, the monitoring procedure shall include provisions for monitoring ground vibrations and air blast.;
On pages 8 and 9, subdivision 3.6.a, by striking out the fourth and fifth sentences in their entirety;
On page 11, subdivision 3.6.i, by inserting the words "A copy of" at the beginning of the last sentence of the subdivision;
On page 13, subdivision 3.8.a, at the end of subdivision, by changing the period to a colon and adding a proviso to read as follows: Provided, That once all required preblast surveys have been accepted by the Office of Explosives and Blasting, blasting may commence sooner than 15 days of submittal.;
On page 14, subdivision 3.10.a, by striking out the subdivision in its entirety and inserting in lieu thereof a new subdivision 3.10.a to read as follows: The office shall review each preblast survey as to form and completeness only, and notify the operator of any deficiencies. The operator or his designee shall correct deficiencies within 30 days from receipt of notice of deficiencies.;
On page fifteen, subsection 4.1.a., following the words 'sign the blasting log.' by inserting the following sentence: 'Nothing in this rule modifies statutory regulatory authority of the state fire marshal and the state fire commission to regulate blasting and explosives.;
And,
On page 25, subsection 6.1 by striking out the words "West Virginia Mining and Reclamation Association" and by inserting the word "Inc." after the words "West Virginia Coal Association"."
(n) The legislative rule filed in the state register on the thirtieth day of August, two thousand, authorized under the authority of section four, article three, chapter twenty-two of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of October, two thousand, relating to the division of environmental protection (surface mining and reclamation rule, 38 CSR 2), is authorized.
(o) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section four, article four, chapter twenty-two, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of February, two thousand one, relating to the division of environmental protection (quarrying and reclamation, 38 CSR 3), is authorized with the following amendments:
"On page 22 of the rule, subsection 8.5., by striking all the language in subsection 8.5 and replacing it with the following language: 'Backfilling. - - All available spoil material shall be used as necessary to backfill pit areas, to provide positive drainage and to achieve the reclamation as provided for in the approved reclamation plan. Excess spoil shall be placed in controlled fills or spoil piles in accordance with section 9 of this rule. Spoil material that is approved to be placed in permanent excess spoil disposal areas is not required to used as backfill.'
And,
On page 35 of the rule, subsection 9.4.c.4, following the words 'professional engineer' inserting the following sentence 'The spoil pile shall be considered dormant and shall not need to be certified during periods of inactivity that exceed ninety (90) days in length.'"
(p) The legislative rule filed in the state register on the twenty-third day of August, two thousand, authorized under the authority of section two, article six, chapter twenty-two, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of October, two thousand, relating to the division of environmental protection (certification of gas wells, 35 CSR 7), is authorized.
(q) The legislative rule filed in the state register on the thirty-first day of August, two thousand, authorized under the authority of section eight, article eleven, chapter twenty, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of February, two thousand one, relating to the division of environmental protection (yard waste composting, 33 CSR 3), is authorized.
(r) The legislative rule filed in the state register on the thirty-first day of August, two thousand, authorized under the authority of section five, article fifteen, chapter twenty-two, of this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of December, two thousand, relating to the division of environmental protection (waste tire management, 33 CSR 5), is authorized.
§64-3-2. Environmental quality board.
The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section four, article three, chapter twenty-two-b, of this code, relating to the environmental quality board (requirements governing water quality standards, 46 CSR 1), is authorized with the amendment set forth below:
On page one by striking out the entire rule and inserting in lieu thereof the following:
§46-1-1. General.
1.1. Scope. -- These rules establish requirements governing the discharge or deposit of sewage, industrial wastes and other wastes into the waters of the state and establish water quality standards for the waters of the State standing or flowing over the surface of the State. It is declared to be the public policy of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the State consistent with (1) public health and public enjoyment thereof; (2) the propagation and protection of animal, bird, fish, and other aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for healthy industrial development. (See W. Va. Code §22-11-2.)
1.2. Authority. -- W. Va. Code §22B-3-4
1.3. Filing Date. --
1.4. Effective Date. -
§46-1-2. Definitions.
The following definitions in addition to those set forth in W. Va. Code §22-11-3, shall apply to these rules unless otherwise specified herein, or unless the context in which used clearly requires a different meaning:
2.1. "Ambient Concentration" is that measured value or level of water quality downstream of the proposed or existing activity (discharge point for point source, runoff area for nonpoint source) for any parameter of concern determined through EPA-approved, collection and analytical methods in 40 CFR 136 or other methods accepted by the Chief.
2.2. "Ambient Water Quality Conditions" (AWQC) are those physical, chemical, biological and radiological conditions of the receiving waters of the state existing at the time of review of a regulated activity.
2.3. "Baseline Water Quality" is that ambient concentration established at the time of an initial antidegradation review under rules effective (date) for a stream or stream segment or any other water(s) of the state.
2.4. "Board" is the Environmental Quality Board.
2.5. "Chief" is the Chief of the Office of Water Resources of the West Virginia Division of Environmental Protection.
2.6. "Conventional treatment" is the treatment of water as approved by the West Virginia Bureau for Public Health to assure that the water is safe for human consumption.
2.7. "Cumulative" means a pollutant which increases in concentration in an organism by successive additions at different times or in different ways (bio-accumulation).
2.8. "Designated uses" are those uses specified in water quality standards for each water body or segment whether or not they are being attained. (See sections 6.2 - 6.6, herein)
2.9. "Director" is the Director of the West Virginia Division of Environmental Protection.
2.10. "Dissolved metal" is operationally defined as that portion of metal which passes through a 0.45 micron filter.
2.11. "Existing uses" are those uses actually attained in a water body on or after November 28, 1975, whether or not they are included in the water quality standards.
2.12. The "Federal Act" means the Clean Water Act (also known as the Federal Water Pollution Control Act) 33 U.S.C. § 1251 - 1387.
2.13. "High quality waters" are those waters whose quality is equal to or better than the minimum levels necessary to achieve the national water quality goal uses.
2.14. "Intermittent streams" are streams which have no flow during sustained periods of no precipitation and which do not support aquatic life whose life history requires residence in flowing waters for a continuous period of at least six (6) months.
2.15. "Outstanding national resource waters" are those waters whose unique character, ecological or recreational value or pristine nature constitutes a valuable national or State resource.
2.16. "Natural" or "naturally occurring" values or "natural temperature" shall mean for all of the waters of the state:
2.16.a. Those water quality values which exist unaffected by -- or unaffected as a consequence of -- any water use by any person; and
2.16.b. Those water quality values which exist unaffected by the discharge, or direct or indirect deposit of, any solid, liquid or gaseous substance from any point source or non-point source.
2.17. "Non-point source" shall mean any source other than a point source from which pollutants may reach the waters of the state.
2.18. "Parameter of concern" means any parameter for which numeric water quality criteria have been adopted in 46 CSR 1 and any other parameter for which numeric criteria are not established but where the discharge of such parameter has a reasonable potential to either cause or contribute to a violation of the narrative criteria outlined under 46 CSR 1, section 3.
2.19. "Persistent" shall mean a pollutant and its transformation products which under natural conditions degrade slowly in an aquatic environment.
2.20. "Point source" shall mean any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.
2.21. "Reasonable less-degrading or non-degrading alternatives" shall be identified based on case specific information (as outlined in section 4C.4.a. of Appendix F, herein). Generally speaking, less-degrading or non-degrading pollution control alternatives shall be considered reasonable where the costs of such alternatives are less than 110% of the costs of the pollution control measures associated with the proposed activity.
2.22. "Regulated activity" includes 1) any activity that requires a permit or a water quality certification pursuant to state or federal law (e.g., Clean Water Act §402 NPDES permits, Clean Water Act §404 dredge and fill permits, or any activity requiring a Clean Water Act §401 certification), 2) any activity subject to nonpoint source control requirements or regulations, and 3) any activity which is otherwise subject to state requirements and regulations developed to protect water quality. The term "proposed activity" means a proposed activity that is also a regulated activity.
2.23. "Representative important species of aquatic life" shall mean those species of aquatic life whose protection and propagation will assure the sustained presence of a balanced aquatic community. Such species are representative in the sense that maintenance of water quality criteria will assure both the natural completion of the species' life cycles and the overall protection and sustained propagation of the balanced aquatic community.
2.24. The "State Act" or "State Law" shall mean the West Virginia Water Pollution Control Act, W. Va. Code §22-11-1.
2.25. "Total recoverable" refers to the digestion procedure for certain heavy metals as referenced in 40 CFR 136, as amended June 15, 1990, Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act.
2.26. "Trading" means establishing upstream controls for a parameter of concern to compensate for new or increased downstream sources for the same parameter resulting in improved water quality for the parameter traded. More than one parameter of concern may be traded on a given stream. Trading may involve point sources, nonpoint sources or a combination of point and nonpoint sources. Unused permitted capacity cannot be traded.
2.27. "Trading Assessment Procedure" means methodologies to be used by the Director to document the basis for any trade allowed in sections 4B, 4C and 4D of Appendix F, herein, are EPA's Total Maximum Daily Load Procedures (40 CFR 130.2(i)), wasteload allocation procedures outlined in EPA's Technical Support Document for Water Quality-based Toxics Control (EPA/505/2-90-001 PB91-127415, March 1991), wasteload allocation methodologies outlined in EPA's Draft Framework for Watershed-Based Trading (EPA/800-R-96-001, May 1996) or other EPA approved wasteload allocation methodologies as long as these methodologies are consistent with the trading provisions of this rule.
2.28. "Trout waters" are streams or stream segments which sustain year-round trout populations. Excluded are those streams or stream segments which receive annual stockings of trout but which do not support year-round trout populations.
2.29. "Water of special concern" are those waters occurring in the categories outlined in section 4.1.c. of the antidegradation policy. This designation provides an intermediate level of antidegradation protection between high quality waters and outstanding national resource waters.
2.30 "Water quality criteria" shall mean levels of parameters or stream conditions that are required to be maintained by these regulations. Criteria may be expressed as a constituent concentration, levels, or narrative statement, representing a quality of water that supports a designated use or uses.
2.31. "Water quality standards" means the combination of water uses to be protected and the water quality criteria to be maintained by these rules.
2.32. "Wetlands" are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
2.33. "Wet weather streams" are streams that flow only in direct response to precipitation or whose channels are at all times above the water table.
§46-1-3. Conditions Not Allowable In State Waters.
3.1. Certain characteristics of sewage, industrial wastes and other wastes cause pollution and are objectionable in all waters of the state. Therefore, the Environmental Quality Board does hereby proclaim that the following general conditions are not to be allowed in any of the waters of the state.
3.2. No sewage, industrial wastes or other wastes present in any of the waters of the state shall cause therein or materially contribute to any of the following conditions thereof:
3.2.a. Distinctly visible floating or settleable solids, suspended solids, scum, foam or oily slicks;
3.2.b. Deposits or sludge banks on the bottom;
3.2.c. Odors in the vicinity of the waters;
3.2.d. Taste or odor that would adversely affect the designated uses of the affected waters;
3.2.e. Materials in concentrations which are harmful, hazardous or toxic to man, animal or aquatic life;
3.2.f. Distinctly visible color;
3.2.g. Concentrations of bacteria which may impair or interfere with the designated uses of the affected waters;
3.2.h. Requiring an unreasonable degree of treatment for the production of potable water by modern water treatment processes as commonly employed; and
3.2.i. Any other condition, including radiological exposure, which adversely alters the integrity of the waters of the State including wetlands; no significant adverse impact to the chemical, physical, hydrologic, or biological components of aquatic ecosystems shall be allowed.
§46-1-4. Antidegradation Policy.
4.1. It is the policy of the State of West Virginia that the waters of the state shall be maintained and protected as follows:
4.1.a. Tier 1 Protection. Existing water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. Existing uses are those uses actually attained in the water body on or after November 28, 1975, whether or not they are included as designated uses within these water quality standards.
4.1.b. Tier 2 Protection. The existing high quality waters of the state must be maintained at their existing high quality unless it is determined after satisfaction of the intergovernmental coordination of the state's continuing planning process and opportunity for public comment and hearing that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. If limited degradation is allowed, it shall not result in injury or interference with existing stream water uses or in violation of state or federal water quality criteria that describe the base levels necessary to sustain the national water quality goal uses of protection and propagation of fish, shellfish and wildlife and recreating in and on the water.
In addition, the Board and the Director shall assure that all new and existing point sources shall achieve the highest established statutory and regulatory requirements applicable to them and shall assure the achievement of cost-effective and reasonable best management practices (BMPs) for non-point source control. BMPs that have been implemented, applied or installed at a specific site should be evaluated to determine whether the BMPs are sufficient to reduce or minimize impacts to water quality. Where appropriate, the Director may require application or implementation of BMPs sufficient to prevent violations of water quality standards. If BMPs are demonstrated to be inadequate to reduce or minimize water quality impacts, the Director may require that more appropriate BMPs be developed and applied or, alternatively, may require that the activity causing the pollution cease.
4.1.b.1. High quality waters are those waters meeting the definition at section 2.13 herein and section 4C.1.a. of Appendix F, herein.
4.1.b.2. High quality waters include but are not limited to the following:
4.1.b.2.A. Streams designated by the West Virginia Legislature under the West Virginia Natural Stream Preservation Act, pursuant to W. Va. Code §22-13-5; and
4.1.b.2.B. Streams listed in West Virginia High Quality Streams, Fifth Edition, prepared by the Wildlife Resources Division, Department of Natural Resources (1986).
4.1.b.2.C. Streams or stream segments which receive annual stockings of trout but which do not support year-round trout populations.
4.1.c. Tier 2.5 Protection. Waters of special concern include all of those waters listed in Appendix F-2 herein. Waters of special concern may include, but are not limited to naturally reproducing trout streams, federally designated rivers under the "Wild and Scenic Rivers Act," 16 U. S.C. §§ 1271 et seq., waters in state parks and forests, waters in National parks and forests, waters designated under the "National Parks and Recreation Act of 1978," and waters with unique or exceptional aesthetic, ecological, or recreational value. Waters may be nominated for inclusion in this category by any interested party or by the Board on its own initiative.
4.1.d. Tier 3 Protection. In all cases, waters which constitute an outstanding national resource shall be maintained and protected and improved where necessary. Outstanding national resource waters include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas designated by The Wilderness Act (16 U.S.C. §1131 et seq.) within the State.
Additional waters may be nominated for inclusion in that category by any interested party or by the Board on its own initiative. To designate a nominated water as an outstanding national resource water, the Board shall follow the public notice and hearing provisions as provided in 46 C.S.R. 6.
4.1.e. All applicable requirements of section 316(a) of the Federal Act shall apply to modifications of the temperature water quality criteria provided for in these rules.
§46-1-5. Mixing Zones.
5.1. In the permit review and planning process or upon the request of a permit applicant or permittee, the Chief may establish on a case-by-case basis an appropriate mixing zone.
5.2. The following guidelines and conditions are applicable to all mixing zones:
5.2.a. The Chief will assign, on a case-by-case basis, definable geometric limits for mixing zones for a discharge or a pollutant or pollutants within a discharge. Applicable limits shall include, but may not be limited to, the linear distances from the point of discharge, surface area involvement, volume of receiving water, and shall take into account other nearby mixing zones. Mixing zones shall take into account the mixing conditions in the receiving stream (i.e: whether complete or incomplete mixing conditions exist). Mixing zones will not be allowed until applicable limits are assigned by the Chief in accordance with this section.
5.2.b. Concentrations of pollutants which exceed the acute criteria for protection of aquatic life set forth in Appendix E, Table 1 shall not exist at any point within an assigned mixing zone or in the discharge itself unless a zone of initial dilution is assigned. A zone of initial dilution may be assigned on a case-by-case basis at the discretion of the Chief. The zone of initial dilution is the area within the mixing zone where initial dilution of the effluent with the receiving water occurs, and where the concentration of the effluent will be its greatest in the water column. Where a zone of initial dilution is assigned by the Chief, the size of the zone shall be determined using one of the four alternatives outlined in section 4.3.3 of US EPA's Technical Support Document for Water Quality-based Toxics Control (EPA/505/2-90-001 PB91-127415, March 1991). Concentrations of pollutants shall not exceed the acute criteria at the edge of the assigned zone of initial dilution. Chronic criteria for the protection of aquatic life may be exceeded within the mixing zone but shall be met at the edge of the assigned mixing zone.
5.2.c. Concentrations of pollutants which exceed the criteria for the protection of human health set forth in Appendix E, Table 1 shall not be allowed at any point unless a mixing zone has been assigned by the Chief after consultation with the Commissioner of the West Virginia Bureau of for Public Health. Human health criteria may be exceeded within an assigned mixing zone, but shall be met at the edge of the assigned mixing zone. Mixing zones for human health criteria shall be sized to prevent significant human health risks and shall be developed using reasonable assumptions about exposure pathways. In assessing the potential human health risks of establishing a mixing zone upstream from a drinking water intake, the Chief shall consider the cumulative effects of multiple discharges and mixing zones on the drinking water intake. No mixing zone for human health criteria shall be established on a stream which has a seven (7) day, ten (10) year return frequency of 5 cfs or less.
5.2.d. Mixing zones, including zones of initial dilution, shall not interfere with fish spawning or nursery areas or fish migration routes; shall not overlap public water supply intakes or bathing areas; cause lethality to or preclude the free passage of fish or other aquatic life; nor harm any threatened or endangered species, as listed in the Federal Endangered Species Act, 15 U.S.C. §1531 et seq.
5.2.e. The mixing zone shall not exceed one-third (1/3) of the width of the receiving stream, and in no case shall the mixing zone exceed one-half (2) of the cross-sectional area of the receiving stream.
5.2.f. In lakes and other surface impoundments, the volume of a mixing zone shall not affect in excess of ten (10) percent of the volume of that portion of the receiving waters available for mixing.
5.2.g. A mixing zone shall be limited to an area or volume which will not adversely alter the existing or designated uses of the receiving water, nor be so large as to adversely affect the integrity of the water body.
5.2.h. Mixing zones shall not:
5.2.h.1. Be used for, or considered as, a substitute for technology-based requirements of the Act and other applicable state and federal laws.
5.2.h.2. Extend downstream at any time a distance more than five times the width of the receiving watercourse at the point of discharge.
5.2.h.3. Cause or contribute to any of the conditions prohibited in section 3, herein.
5.2.h.4. Be granted where instream waste concentration of a discharge is greater than 80%.
5.2.h.5. Overlap one another.
5.2.h.6. Overlap any 2 mile zone described in section 7.2.a.2 herein.
5.2.i. In the case of thermal discharges, a successful demonstration conducted under section 316(a) of the Act shall constitute compliance with all provisions of this section.
5.2.j. The Chief may waive the requirements of subsections 5.2.e and 5.2.h.2 above if a discharger provides an acceptable demonstration of:
5.2.j.1. Information defining the actual boundaries of the mixing zone in question; and
5.2.j.2. Information and data proving no violation of subsections 5.2.d and 5.2.g above by the mixing zone in question.
5.2.k. Upon implementation of a mixing zone in a permit, the permittee shall provide documentation that demonstrates to the satisfaction of the Chief that the mixing zone is in compliance with the provisions outlined in subsections 5.2.b, 5.2.c, 5.2.e, and 5.2.h.2, herein.
5.2.l. In order to facilitate a determination or assessment of a mixing zone pursuant to this section, the Chief may require a permit applicant or permittee to submit such information as deemed necessary.
§46-1-6. Water Use Categories.
6.1. These rules establish general Water Use Categories and Water Quality Standards for the waters of the State. Unless otherwise designated by these rules, at a minimum all waters of the State are designated for the Propagation and Maintenance of Fish and Other Aquatic Life (Category B) and for Water Contact Recreation (Category C) consistent with Federal Act goals. Incidental utilization for whatever purpose may or may not constitute a justification for assignment of a water use category to a particular stream segment.
6.1.a. Waste assimilation and transport are not recognized as designated uses. The classification of the waters must take into consideration the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial and other purposes including navigation.
Subcategories of a use may be adopted and appropriate criteria set to reflect varying needs of such subcategories of uses, for example to differentiate between trout water and other waters.
6.1.b. At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under section 301(b) and section 306 of the Federal Act and use of cost-effective and reasonable best management practices for non-point source control. Seasonal uses may be adopted as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria will be adjusted to reflect the seasonal uses; however, such criteria shall not preclude the attainment and maintenance of a more protective use in another season. A designated use which is not an existing use may be removed, or subcategories of a use may be established if it can be demonstrated that attaining the designated use is not feasible because:
6.1.b.1. Application of effluent limitations for existing sources more stringent than those required pursuant to Section section 301 (b) and Section section 306 of the Federal Act in order to attain the existing designated use would result in substantial and widespread adverse economic and social impact; or
6.1.b.2. Naturally-occurring pollutant concentrations prevent the attainment of the use; or
6.1.b.3. Natural, ephemeral, intermittent or low flow conditions of water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges to enable uses to be met; or
6.1.b.4. Human-caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or
§6.1.b.5. Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or
6.1.b.6. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses.
6.1.c. The State shall take into consideration the quality of downstream waters and shall assure that its water quality standards provide for the attainment of the water quality standards of downstream waters.
6.1.d. In establishing a less restrictive use or uses, or subcategory of use or uses, and the water quality criteria based upon such uses, the Board shall follow the requirements for revision of water quality standards as required by W. Va. Code §22B-3-4 and section 303 of the Federal Act and the regulations thereunder. Any revision of water quality standards shall be made with the concurrence of EPA. The Board's administrative procedural regulations for applying for less restrictive uses or criteria shall be followed.
6.2. Category A -- Water Supply, Public. -- This category is used to describe waters which, after conventional treatment, are used for human consumption. This category includes streams on which the following are located:
6.2.a. All community domestic water supply systems;
6.2.b. All non-community domestic water supply systems, (i.e. hospitals, schools, etc.);
6.2.c. All private domestic water systems;
6.2.d. All other surface water intakes where the water is used for human consumption. (See Appendix B for partial listing of Category A waters; see section 7.2.a.2, herein for additional requirements for Category A waters.) The manganese human health criteria shall not apply where the discharge point of the manganese is located more than five miles upstream from a known drinking water source.
6.3. Category B -- Propagation and maintenance of fish and other aquatic life. --
This category includes:
6.3.a. Category B1 -- Warm water fishery streams. -- Streams or stream segments which contain populations composed of all warm water aquatic life.
6.3.b. Category B2 -- Trout Waters. -- As defined in section 2.28, herein (See Appendix A for a representative list.)
6.3.c. Category B4 -- Wetlands. -- As defined in section 2.32, herein; certain numeric stream criteria may not be appropriate for application to wetlands (see Appendix E, Table 1).
6.4. Category C -- Water contact recreation. -- This category includes swimming, fishing, water skiing and certain types of pleasure boating such as sailing in very small craft and outboard motor boats. (See Appendix D for a representative list of category C waters.)
6.5. Category D. -- Agriculture and wildlife uses.
6.5.a. Category D1 -- Irrigation. -- This category includes all stream segments used for irrigation.
6.5.b. Category D2 -- Livestock watering. -- This category includes all stream segments used for livestock watering.
6.5.c. Category D3 -- Wildlife. -- This category includes all stream segments and wetlands used by wildlife.
6.6. Category E -- Water supply industrial, water transport, cooling and power. -- This category includes cooling water, industrial water supply, power production, commercial and pleasure vessel activity, except those small craft included in Category C.
6.6.a. Category E1 -- Water Transport. -- This category includes all stream segments modified for water transport and having permanently maintained navigation aides.
6.6.b. Category E2 -- Cooling Water. -- This category includes all stream segments having one (1) or more users for industrial cooling.
6.6.c. Category E3 -- Power production. -- This category includes all stream segments extending from a point 500 feet upstream from the intake to a point one half (2) mile below the wastewater discharge point. (See Appendix C for representative list.)
6.6.d. Category E4 -- Industrial. -- This category is used to describe all stream segments with one (1) or more industrial users. It does not include water for cooling.
§46-1-7. West Virginia Waters.
7.1. Major River Basins and their Alphanumeric System. All streams and their tributaries in West Virginia shall be individually identified using an alphanumeric system as identified in the "Key to West Virginia Stream Systems and Major Tributaries" (1956) as published by the Conservation Commission of West Virginia and revised by the West Virginia Department of Natural Resources, Division of Wildlife (1985).
7.1.a. J - James River Basin. All tributaries to the West Virginia - Virginia State line.
7.1.b. P - Potomac River Basin. All tributaries of the main stem of the Potomac River to the West Virginia - Maryland - Virginia State line to the confluence of the North Branch and the South Branch of the Potomac River and all tributaries arising in West Virginia excluding the major tributaries hereinafter designated:
7.1.b.1. S - Shenandoah River and all its tributaries arising in West Virginia to the West Virginia - Virginia State line.
7.1.b.2. PC - Cacapon River and all its tributaries.
7.1.b.3. PSB - South Branch and all its tributaries.
7.1.b.4. PNB - North Branch and all tributaries to the North Branch arising in West Virginia.
7.1.c. M - Monongahela River Basin. The Monongahela River Basin main stem and all its tributaries excluding the following major tributaries which are designated as follows:
7.1.c.1. MC - Cheat River and all its tributaries except those listed below:
7.1.c.1.A. MCB - Blackwater River and all its tributaries.
7.1.c.2. MW - West Fork River and all its tributaries.
7.1.c.3. MT - Tygart River and all its tributaries except those listed below:
7.1.c.3.A. MTB - Buckhannon River and all its tributaries.
7.1.c.3.B. MTM - Middle Fork River and all its tributaries.
7.1.c.4. MY - Youghigheny River and all its tributaries to the West Virginia - Maryland State line.
7.1.d. O Zone 1 - Ohio River - Main Stem. The main stem of the Ohio River from the Ohio - Pennsylvania - West Virginia state line to the Ohio - Kentucky - West Virginia State line.
7.1.e. O Zone 2 - Ohio River - Tributaries. All tributaries of the Ohio River excluding the following major tributaries:
7.1.e.1. LK - Little Kanawha River. The Little Kanawha River and all its tributaries excluding the following major tributary which is designated as follows:
7.1.e.1.A. LKH - Hughes River and all its tributaries.
7.1.e.2. K - Kanawha River Zone 1. The main stem of the Kanawha River from mile point 0, at its confluence with the Ohio River, to mile point 72 near Diamond, West Virginia.
7.1.e.3. K - Kanawha River Zone 2. The main stem of the Kanawha River from mile point 72 near Diamond, West Virginia and all its tributaries from mile point 0 to the headwaters excluding the following major tributaries which are designated as follows:
7.1.e.3.A. KP - Pocatalico River and all its tributaries.
7.1.e.3.B. KC - Coal River and all its tributaries.
7.1.e.3.C. KE - Elk River and all its tributaries.
7.1.e.3.D. KG - Gauley River. The Gauley River and all its tributaries excluding the following major tributaries which are designated as follows:
7.1.e.3.D.1. KG-19 - Meadow River and all its tributaries.
7.1.e.3.D.2. KG-34 - Cherry River and all its tributaries.
7.1.e.3.D.3. KGC - Cranberry River and all its tributaries.
7.1.e.3.D.4. KGW - Williams River and all its tributaries.
7.1.e.3.E. KN - New River. The New River from its confluence with the Gauley River to the Virginia - West Virginia State line and all tributaries excluding the following major tributaries which are designated as follows:
7.1.e.3.E.1. KNG - Greenbrier River and all its tributaries.
7.1.e.3.E.2. KNB - Bluestone River and all its tributaries.
7.1.e.3.E.3. KN-60 - East River and all its tributaries.
7.1.e.3.E.4. K(L)-81-(1) - Bluestone Lake.
7.1.e.4. OG - Guyandotte River. The Guyandotte River and all its tributaries excluding the following major tributary which is designated as follows:
7.1.e.4.1. OGM - Mud River and all its tributaries.
7.1.e.5. BS - Big Sandy River. The Big Sandy River to the Kentucky - Virginia - West Virginia State lines and all its tributaries arising in West Virginia excluding the following major tributary which is designated as follows:
7.1.e.5.1 BST - Tug Fork and all its tributaries.
7.2. Applicability of Water Quality Standards. The following shall apply at all times unless a specific exception is granted in this section:
7.2.a. Water Use Categories as described in section 6, herein.
7.2.a.1. Based on meeting those Section 6 definitions, tributaries or stream segments may be classified for one or more Water Use Categories. When more than one use exists, they shall be protected by criteria for the use category requiring the most stringent protection.
7.2.a.2. Each segment extending upstream from the intake of a water supply public (Water Use Category A), for a distance of one half (2) mile or to the headwater, must be protected by prohibiting the discharge of any pollutants in excess of the concentrations designated for this Water Use Category in section 8, herein. In addition, within that one half (2) mile zone, the Chief may establish for any discharge, effluent limitations for the protection of human health that require additional removal of pollutants than would otherwise be provided by this rule. (If a watershed is not significantly larger than this zone above the intake, the water supply section may include the entire upstream watershed to its headwaters.) Until June 30, 2003, the one-half mile zone described in this section shall not apply to the Ohio River main channel (between Brown's Island and the left descending bank) between river mile points 61.0 and 63.5.
7.2.b. In the absence of any special application or contrary provision, water quality standards shall apply at all times when flows are equal to or greater than the minimum mean seven (7) consecutive day drought flow with a ten (10) year return frequency (7Q10). NOTE: With the exception of section 7.2.c.5 listed herein exceptions do not apply to trout waters nor to the requirements of section 3, herein.
7.2.c. Exceptions: Numeric water quality standards shall not apply: (See section 7.2.d, herein, for site-specific revisions)
7.2.c.1. When the flow is less than 7Q10;
7.2.c.2. In wet weather streams (or intermittent streams, when they are dry or have no measurable flow): Provided, That the existing and designated uses of downstream waters are not adversely affected;
7.2.c.3. In any assigned zone of initial dilution of any mixing zone where a zone of initial dilution is required by section 5.2.b herein, or in any assigned mixing zone for human health criteria or aquatic life criteria for which a zone of initial dilution is not assigned; In zones of initial dilution and certain mixing zones: Provided, That all requirements described in section 5 herein shall apply to all zones of initial dilution and all mixing zones;
7.2.c.4. Where, on the basis of natural conditions, the Board has established a site-specific aquatic life water quality criterion that modifies a water quality criterion set out in Appendix E, Table 1 of this rule. Where a natural condition of a waterbody is demonstrated to be of lower quality than a water quality criterion for the use classes and subclasses in section 6 of this rule, the Board, in its discretion, may establish a site-specific water quality criterion for aquatic life. This alternate criterion may only serve as the chronic criterion established for that parameter. This alternate criterion must be met at end of pipe. Where the Board decides to establish a site-specific water quality criterion for aquatic life, the natural condition constitutes the applicable water quality criterion. A site-specific criterion for natural conditions may only be established through the legislative rulemaking process in accordance with W.Va. Code §29A-3-1 et seq. and must satisfy the public participation requirements set forth at 40 C.F.R. 131.20 and 40 C.F.R. Part 25. Site-specific criteria for natural conditions may be established only for aquatic life criteria. A public notice, hearing and comment period is required before site-specific criteria for natural conditions are established.
Upon application or on its own initiative, the Board will determine whether a natural condition of a waterbody should be approved as a site-specific water quality criterion. Before it approves a site-specific water quality criterion for a natural condition, the Board must find that the natural condition will fully protect existing and designated uses and ensure the protection of aquatic life. If a natural condition of a waterbody varies with time, the natural condition will be determined to be the actual natural condition of the waterbody measured prior to or concurrent with discharge or operation. The Board will, in its discretion, determine a natural condition for one or more seasonal or shorter periods to reflect variable ambient conditions; and require additional or continuing monitoring of natural conditions.
An application for a site-specific criterion to be established on the basis of natural conditions shall be filed with the Board and shall include the following information:
7.2.c.4.A. A U.S.G.S. 7.5 minute map showing the stream segment affected and showing all existing discharge points and proposed discharge point;
7.2.c.4.B. The alphanumeric code of the affected stream, if known;
7.2.c.4.C. Water quality data for the stream or stream segment. Where adequate data are unavailable, additional studies may be required by the Board;
7.2.c.4.D. General land uses (e.g. mining, agricultural, recreation, residential, commercial, industrial, etc.) as well as specific land uses adjacent to the waters for the affected segment or stream;
7.2.c.4.E. The existing and designated uses of the receiving waters into which the segment in question discharges and the location where those downstream uses begin to occur;
7.2.c.4.F. General physical characteristics of the stream segment, including, but not limited to width, depth, bottom composition and slope;
7.2.c.4.G. Conclusive information and data of the source of the natural condition that causes the stream to exceed the water quality standard for the criterion at issue.
7.2.c.4.H. The average flow rate in the segment and the amount of flow at a designated control point and a statement regarding whether the flow of the stream is ephemeral, intermittent or perennial;
7.2.c.4.I. An assessment of aquatic life in the stream or stream segment in question and in the adjacent upstream and downstream segments; and
7.2.c.4.J. Any additional information or data that the Board deems necessary to make a decision on the application.
7.2.c.5. For the upper Blackwater River from the mouth of Yellow Creek to a point 5.1 miles upstream, when flow is less than 7Q10. Naturally occurring values for Dissolved Oxygen as established by data collected by the dischargers within this reach and reviewed by the Board and Division of Environmental Protection shall be the applicable criteria.
7.2.d. Site-specific applicability of water use categories and water quality criteria - State-wide water quality standards shall apply except where site-specific numeric criteria, variances or use removals have been approved following application and hearing, as provided in 46 C.S.R. 6. (See section 8.3 and section 8.4, herein) The following are approved site-specific criteria, variances and use reclassifications:
7.2.d.1. James River - (Reserved)
7.2.d.2. Potomac River
7.2.d.2.1. Except that a site-specific numeric criterion for aluminum, not to exceed 500 ug/l, shall apply to the section of Opequon Creek from Turkey Run to the Potomac River.
7.2.d.3. Shenandoah River - (Reserved)
7.2.d.4. Cacapon River - (Reserved)
7.2.d.5. South Branch - (Reserved)
7.2.d.6. North Branch
7.2.d.6.1 Except that the Stony River downstream from the limit of the thermal mixing zone (as established by Board Order of 11/20/75) for the Mount Storm Lake wastewater treatment facility to its confluence with the North Branch of the Potomac River is exempt from the 5oF above natural temperature rise; however, the maximum temperature outside the mixing zone shall not exceed 87oF at any time during the months of May through November and not exceed 73oF at any time during the months of December through April. This exception shall apply until the successful completion of a study conducted pursuant to section 316(a) of the Federal Act or December 31, 1998, whichever comes first.
7.2.d.7. Monongahela River
7.2.d.7.1. Except that flow in the main stem of the Monongahela River, as regulated by the Tygart Reservoir, operated by the U. S. Army Corps of Engineers, is based on a minimum flow of 345 cfs at Lock and Dam No. 8, river mile point 90.8. This exception does not apply to tributaries of the Monongahela River.
7.2.d.8. Cheat River
7.2.d.8.1. Except that in the unnamed tributary of Daugherty Run, approximately one mile upstream of Daugherty Run=s confluence with the Cheat River, a site-specific numeric criterion for iron of 3.5 mg/l shall apply and the following frequency and duration requirements shall apply to the chronic numeric criterion for selenium (5ug/l): the four-day average concentration shall not be exceeded more than three times every three years (36 months), on average. Further, the following site-specific numeric criteria shall apply to Fly Ash Run of Daugherty Run: acute numeric criterion for aluminum: 888.5 ug/l and manganese: 5 mg/l.
7.2.d.9. Blackwater River - The Blackwater River below Davis, West Virginia shall be classified as a trout water, Category B2.
7.2.d.10. West Fork River - (Reserved)
7.2.d.11. Tygart River - (Reserved)
7.2.d.12. Buckhannon River - (Reserved)
7.2.d.13. Middle Fork River - (Reserved)
7.2.d.14. Youghiogheny River
7.2.d.14.1 Water Use Categories A and E are excluded from the tributaries of the Youghiogheny River in West Virginia which flow into Maryland.
7.2.d.15. Ohio River Main Stem - (Reserved)
7.2.d.16. Ohio River Tributaries.
7.2.d.16.1. Except that site-specific numeric criteria shall apply to the stretch of Conners Run (0-77-A), a tributary of Fish Creek, from its mouth to the discharge from Conner Run impoundment, which shall not have the Water Use Category A and may contain selenium not to exceed 62 ug/1; and iron not to exceed 3.5 mg/1 as a monthly average and 7 mg/1 as a daily maximum.
7.2.d.16.2. Except that a socio-economic variance shall apply to that segment of Harmon Creek (0-97) from its confluence with the Ohio River to a point 2.2 miles upstream, which shall not have water use Category A designation, and which shall have the following instream criteria: Lead 14 ug/l, Daily Maximum, Zinc 181 ug/l, Daily Maximum, Temperature 100E F (monitored per Footnote 12 of the permit); Iron 4.0 mg/l, Monthly Average and 8.0 mg/l, Daily Maximum (monitored per Footnote 12 of the permit). Provided, however, that the criteria for Lead, Zinc, Temperature and Iron shall not apply, and instead the state-wide criteria for these parameters shall apply, unless: Weirton Steel Corporation (1) submits to the Office of Water Resources on or before January 31, 2001 a report setting forth the water quality of the discharge from Outlet 004 for these parameters during calendar year 2000; (2) offers further proposals for any appropriate reductions in the above excepted levels; (3) provides any appropriate additional engineering analysis of potential alternatives for reducing further the concentrations of said parameters in the discharge toward achieving statewide criteria; and (4) continues to submit to the Office of Water Resources on a semi-annual basis, summary reports on the water quality of the discharge from Outlet 004 and the efforts made by Weirton Steel Corporation during the prior six (6) months to improve the quality of said discharge. Additionally Weirton Steel must determine the water quality of Harmon Creek both immediately upstream of and below the discharge of outlet 004 at the Con Rail Bridge by sampling for Flow, pH, Total and Dissolved Lead, Total and Dissolved Zinc, Iron, Fluoride, Temperature, Turbidity, Oil and Grease and Hardness on at least a monthly basis and submit the results to the Office of Water Resources with the semi-annual report. These exceptions shall be in effect until action by the Environmental Quality Board to revise such exceptions or until June 29, 2004, whichever comes first.
7.2.d.17. Little Kanawha River - (Reserved)
7.2.d.18. Hughes River - (Reserved)
7.2.d.19. Kanawha River Zone 1 - Main Stem
7.2.d.19.1 For the Kanawha River main stem, Zone 1, Water Use Category A shall not apply; and
7.2.d.19.2. The minimum flow shall be 1,960 cfs at the Charleston gauge.
7.2.d.20. Kanawha River Zone 2 and Tributaries.
7.2.d.20.1. For the main stem of the Kanawha River only, the minimum flow shall be 1,896 cfs at mile point 72.
7.2.d.20.2. Except the stretch between the mouth of Little Scary Creek (K-31) and the Little Scary impoundment shall not have Water Use Category A. The following site-specific numeric criteria shall apply to that section: selenium not to exceed 62 ug/1 and copper not to exceed 105 ug/1 as a daily maximum nor 49 ug/1 as a 4-day average.
7.2.d.20.3. Except for Simmons Creek (K-54) from its mouth to a point 1200 feet upstream to which the following site-specific numeric criteria shall apply: a maximum daily temperature not to exceed 38oC (100oF) nor a monthly average temperature to exceed 34oC. This exception shall apply until the successful completion of a study conducted pursuant to section 316(a) of the Federal Act or May 30, 1998, whichever comes first.
7.2.d.21. Pocatalico River - (Reserved)
7.2.d.22. Coal River - (Reserved)
7.2.d.23. Elk River - (Reserved)
7.2.d.24. Gauley River - (Reserved)
7.2.d.25. Meadow River - (Reserved)
7.2.d.26. Cherry River - (Reserved)
7.2.d.27. Cranberry River - (Reserved)
7.2.d.28. Williams River - (Reserved)
7.2.d.29. New River - (Reserved)
7.2.d.30. Greenbrier River - (Reserved)
7.2.d.31. Bluestone River - (Reserved)
7.2.d.32. Bluestone Lake
7.2.d.33. East River - (Reserved)
7.2.d.34. Guyandotte River - (Reserved)
7.2.d.35. Mud River - (Reserved)
7.2.d.36. Big Sandy River - (Reserved)
7.2.d.37. Tug Fork River - (Reserved)
§46-1-8. Specific Water Quality Criteria.
8.1. Charts of specific water quality criteria are included in Appendix E, Table 1.
8.1.a. Specific state (i.e. total, total recoverable, dissolved, valence, etc.) of any parameter to be analyzed shall follow 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants Under the Clean Water Act, as amended, June 15, 1990. (See also 47 C.S.R. 10, section 7.3 - National Pollutant Discharge Elimination System (NPDES) Program.)
8.1.b. Compliance with aquatic life water quality criteria expressed as dissolved metal shall be determined based on dissolved metals concentrations.
8.1.b.1. The aquatic life criteria for all metals listed in Appendix E, Table 2 shall be converted to a dissolved concentration by multiplying each numerical value or criterion equation from Appendix E, Table 1 by the appropriate conversion factor (CF) from Appendix E, Table 2.
8.1.b.2. Permit limits based on dissolved metal water quality criteria shall be prepared in accordance with the U.S. EPA document "The Metals Translator: Guidance For Calculating A Total Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007 June 1996.
8.1.b.3. NPDES permit applicants may petition the Office of Water Resources of the Division of Environmental Protection (OWR) to develop a site-specific translator consistent with the provisions in this section. The OWR may, on a case-by-case basis require an applicant applying for a translator to conduct appropriate sediment monitoring through SEM/AVS ratio, bioassay or other approved methods to evaluate effluent limits that prevent toxicity to aquatic life.
8.1.c. An "X" or numerical value in the use columns of Appendix E, Table 1 shall represent the applicable criteria.
8.1.d. Charts of water quality criteria in Appendix E, Table 1 shall be applied in accordance with major stream and use applications, sections 6 and 7, herein.
8.2. Criteria for Toxicants
8.2.a. Toxicants which are carcinogenic have human health criteria (Water Use Categories A and C) based upon an estimated risk level of one additional cancer case per one million persons (10-6) and are indicated in Appendix E, Table 1 with an endnote (b).
8.2.b. A final determination on the critical design flow for carcinogens is not made in this rule, in order to permit further review and study of that issue. Following the conclusion of such review and study, the Legislature may again take up the authorization of this rule for purposes of addressing the critical design flow for carcinogens: Provided, That until such time as the review and study of the issue is concluded or until such time as the Legislature may again take up the authorization of this rule, the regulatory requirements for determining effluent limits for carcinogens shall remain as they were on the date this rule was proposed.
8.3. Variances from Specific Water Quality Criteria. A variance from numeric criteria may be granted to a discharger if it can be demonstrated that the conditions outlined in subsections 6.1.b.A - F, herein, limit the attainment of one or more specific water quality criteria. Variances shall apply only to the discharger to whom they are granted and shall be reviewed by the Board at least every three years. In granting a variance, the requirements for revision of water quality standards in 46 CSR 6 shall be followed.
8.4. Site-specific numeric criteria. The Board may establish numeric criteria different from those set forth in Appendix E, Table 1 for a stream or stream segment upon a demonstration that existing numeric criteria are either over-protective or under-protective of the aquatic life residing in the stream or stream segment. A site-specific numeric criterion will be established only where the numeric criterion will be fully protective of the aquatic life and the existing and designated uses in the stream or stream segment. The site-specific numeric criterion may be established by conducting a Water Effect Ratio study pursuant to the procedures outlined in US EPA's "Interim Guidance on the Determination and Use of Water-Effect Ratios for Metals" (February 1994); other methods may be used with prior approval by the Board. In adopting site-specific numeric criteria, the requirements for revision of water quality standards set forth in 46 CSR 6 shall be followed.
§46-1-9. Establishment Of Safe Concentration Values.
When a specific water quality standard has not been established by these rules and there is a discharge or proposed discharge into waters of the State, the use of which has been designated a Category B1, B2, B3 or B4, such discharge may be regulated by the Chief where necessary to protect State waters through establishment of a safe concentration value as follows:
9.1. Establishment of a safe concentration value shall be based upon data obtained from relevant aquatic field studies, standard bioassay test data which exists in substantial available scientific literature, or data obtained from specific tests utilizing one (1) or more representative important species of aquatic life designated on a case-by-case basis by the Chief and conducted in a water environment which is equal to or closely approximates that of the natural quality of the receiving waters.
9.2. In those cases where it has been determined that there is insufficient available data to establish a safe concentration value for a pollutant, the safe concentration value shall be determined by applying the appropriate application factor as set forth below to the 96-hour LC 50 value. Except where the Chief determines, based upon substantial available scientific data that an alternate application factor exists for a pollutant, the following appropriate application factors shall be used in the determination of safe concentration values:
9.2.a. Concentrations of pollutants or combinations of pollutants that are not persistent and not cumulative shall not exceed 0.10 (1/10) of the 96-hour LC 50.
9.2.b. Concentrations of pollutants or combinations of pollutants that are persistent or cumulative shall not exceed 0.01 (1/100) of the 96-hour LC 50.
9.3. Persons seeking issuance of a permit pursuant to these rules authorizing the discharge of a pollutant for which a safe concentration value is to be established using special bioassay tests pursuant to subsection 9.1 of this section shall perform such testing as approved by the Chief and shall submit all of the following in writing to the Chief:
9.3.a. A plan proposing the bioassay testing to be performed.
9.3.b. Such periodic progress reports of the testing as may be required by the Chief.
9.3.c. A report of the completed results of such testing including, but not limited to, all data obtained during the course of testing, and all calculations made in the recording, collection, interpretation and evaluation of such data.
9.4. Bioassay testing shall be conducted in accordance with methodologies outlined in the following documents: U.S. EPA Office of Research and Development Series Publication, Methods for Measuring the Acute Toxicity (EPA/600/4-90/027F, August 1993, 4th Edition) or Short Term Methods for Estimating Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms (EPA/600/4-89/001), March 1989; Standard Methods for the Examination of Water and Wastewater (18th Edition); or ASTM Practice E 729-88 for Conducting Acute Toxicity Tests with Fishes, Macroinvertebrates and Amphibians as published in Volume 11.04 of the 1988 Annual Book of ASTM Standards. Test waters shall be reconstituted according to recommendations and methodologies specified in the previously cited references or methodologies approved in writing by the Chief.
APPENDIX A
CATEGORY B-2 - TROUT WATERS
This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section 2.28.
River Basin County Stream
James River
J Monroe South Fork Potts Creek
Potomac River
P Jefferson Town Run
P " Rocky Marsh Run
P Berkeley Opequon Creek
P " Tuscarora Creek (Above Martinsburg)
P " Middle Creek (Above Route 30 Bridge)
P " Mill Creek
P " Hartland Run
P " Mill Run
P " Tillance Creek
P Morgan Meadow Branch
PS Jefferson Flowing Springs Run (Above Halltown)
PS " Cattail Run
PS " Evitt's Run
PS " Big Bullskin Run
PS " Long Marsh Run
PC Hampshire Cold Stream
PC " Edwards Run and Impoundment
PC " Dillons Run
PC Hardy Lost River
PC " Camp Branch
PC " Lower Cove Run
PC " Moores Run
PC " North River (Above Rio)
PC " Waites Run
PC " Trout Run
PC " Trout Pond (Impoundment)
PC " Warden Lake (Impoundment)
PC " Rock Cliff Lake (Impoundment)
PSB Hampshire Mill Creek
PSB " Mill Run
PSB Hardy Dumpling Creek
PSB Grant-Pendleton North Fork South Branch
PSB Grant North Fork Lunice Creek
PSB " South Fork Lunice Creek
PSB " South Mill Creek (Above Hiser)
PSB " Spring Run
PSB Pendleton Hawes Run (Impoundment)
PSB " Little Fork
PSB " South Branch (Above North Fork)
PSB " Senena Creek
PSB " Laurel Fork
PSB " Big Run
PNB Mineral North Fork Patterson Creek
PNB " Fort Ashby (Impoundment)
PNB " New Creek
PNB " New Creek Dam 14 (Impoundment)
PNB " Mill Creek (Above Markwood)
Monongahela River
M Monongalia-Marion Whiteday Creek (Above Smithtown)
MC Monongalia Morgan Run
MC " Coopers Rock (Impoundment)
MC " Blaney Hollow
MC Preston Laurel Run
MC " Elsey Run
MC " Saltlick Creek
MC " Buffalo Creek
MC " Wolf Creek
MC Tucker Clover Run
MC " Elklick Run
MC " Horseshoe Run
MC " Maxwell Run
MC " Red Creek
MC " Slip Hill Mill Branch
MC " Thomas Park (Impoundment)
MC " Blackwater River (Above Davis)
MC " Blackwater River (Below Davis) (insert date adopted)
MC Randolph Camp Five Run
MC " Dry Fork (Above Otter Creek)
MC " Glady Fork
MC " Laurel Fork
MC " Gandy Creek (Above Whitmer)
MC " East Fork Glady Fork (Above C & P Compressor Station)
MC Randolph Shavers Fork (Above Little Black Fork)
MC " Three Spring Run
MC " Spruce Knob Lake (Impoundment)
MW Harrison Dog Run (Pond)
MW Lewis Stonecoal
MT Barbour Brushy Fork (Above Valley Furnace)
MT " Teter Creek Lake (Impoundment)
MT " Mill Run
MT Taylor-Barbour Tygart Lake Tailwaters (Above Route
119 Bridge)
MT Preston Roaring Creek (Above Little Lick Branch)
MT Randolph Tygart River (Above Huttonsville)
MT " Elkwater Fork
MT " Big Run
MTB Upshur-Randolph-Lewis Right Fork Buckhannon River
MTB Upshur Buckhannon River (Above Beans Mill)
MTB Upshur French Creek
MTB Upshur-Randolph Left Fork Right Fork
MTN Upshur Right Fork Middle Fork River
MTM Randolph Middle Fork River (Above Cassity)
MY Preston Rhine Creek
Little Kanawha River
LK Upshur Left Fork-Right Fork Little Kanawha River)
LK Upshur-Lewis Little Kanawha River (Above Wildcat)
Kanawha River
KE Braxton Sutton Reservoir
KE " Sutton Lake Tailwaters (Above Route 38/5 Bridge)
KE Webster Back Fork
KE " Desert Fork
KE " Fall Run
KE " Laurel Fork
KE " Left Fork Holly River
KE " Sugar Creek
KE " Elk River (Above Webster Springs)
KC Raleigh Stephens Lake (Impoundment)
KC " Marsh Fork (Above Sundial)
KG Nicholas Summersville Reservoir (Impoundment)
KG " Summersville Tailwaters (Above Collison Creek)
KG Nicholas Deer Creek
KG Randolph-Webster Gauley River (Above Moust Coal Tipple)
KG Fayette Glade Creek
KG Nicholas Hominy Creek
KG " Anglins Creek
KG Greenbrier Big Clear Creek
KG " Little Clear Creek and Laurel Run
KG " Meadow Creek
KG Fayette Wolf Creek
KG Nicholas Cherry River
KG Greenbrier-Nicholas Laurel Creek
KG " " North Fork Cherry River
KG Greenbrier Summit Lake (Impoundment)
KG Greenbrier-Nicholas South Fork Cherry River
KGC Pocahontas-Webster- Cranberry River
Nicholas
KGC Pocahontas South Fork Cranberry River
KGW Pocahontas Tea Creek
KGW Pocahontas-Webster Williams River (Above Dyer)
KN Raleigh Glade Creek
KN Summers Meadow Creek
KN Fayette Mill Creek
KN " Laurel Creek (Above Cotton Hill)
KN Raleigh Pinch Creek
KN Monroe Rich Creek
KN " Turkey Creek
KN Fayette Dunloup Creek (Downstream from Harvey
Sewage Treatment Plant)
KN Mercer East River (Above Kelleysville)
KN " Pigeon Creek
KN Monroe Laurel Creek
KNG Monroe Kitchen Creek (Above Gap Mills)
KNG Greenbrier Culverson Creek
KNG " Milligan Creek
KNG Greenbrier-Monroe Second Creek (Rt. 219 Bridge to Nickell's Mill)
KNG Greenbrier North Fork Anthony Creek
KNG " Spring Creek
KNG " Anthony Creek (Above Big Draft)
KNG Pocahontas Watoga Lake
KNG " Beaver Creek
KNG " Knapp's Creek
KNG " Hills Creek
KNG " North Fork Deer Creek (Above Route 28/5)
KNG " Deer Creek
KNG " Sitlington Creek
KNG " Stoney Creek
KNG " Swago Creek
KNG " Buffalo Fork (Impoundment)
KNG " Seneca (Impoundment)
KNG " Greenbrier River (Above Hosterman)
KNG " West Fork-Greenbrier River (Above the
impoundment at the tannery)
KNG " Little River-East Fork
KNG " Little River-West Fork
KNG " Five Mile Run
KNG " Mullenax Run
KNG " Abes Run
KNB Mercer Marsh Fork
KNB " Camp Creek
OG Wyoming Pinnacle creek
BST McDowell Dry Fork (Above Canebrake)
APPENDIX B
This list contains known waters used as public water supplies and is not intended to exclude any waters as described in section 6.2, herein.
River Basin County Operating Company Source
Shenandoah River
S Jefferson Charlestown Water Shenandoah River
Potomac River
P Jefferson 3-M Company Turkey Run
P " Shepherdstown Water Potomac River
P " Harpers Ferry Water Elk Run
P Berkeley DuPont Potomac River Potomac River
Works
P " Berkeley County PSD Le Feure Spring
P " Opequon PSD Quarry Spring
P " Hedgesville PSD Speck Spring
P Morgan Paw Paw Water Potomac River
PSB Hampshire Romney Water South Branch Potomac River
PSB " Peterkin Conference Mill Run
Center
PSB Hardy Moorefield Municipal South Fork River
Water
PSB Pendleton U.S. Naval Radio Sta. South Fork River
PSB " Circleville Water Inc. North Fork of South
Branch, Potomac River
PSB Grant Mountain Top PSD Mill Creek, Impoundment
PSB " Petersburg Municipal South Branch, Potomac
Water River
PNB Grant Island Creek Coal Impoundment
PNB Mineral Piedmont Municipal Savage River, Maryland
Water
PNB " Keyser Water New Creek
PNB " Fort Ashby PSD Lake
Monongahela River
M Monongalia Morgantown Water Comm. Colburn Creek & Monongahela River
M " Morgantown Ordinance Monongahela River
Works
M Preston Preston County PSD Deckers Creek
M Monongalia Blacksville # 1 Mine Impoundment
M " Loveridge Mine Impoundment
M " Consolidation Coal Co. Impoundment
M Preston Mason Town Water Block Run
MC Preston Fibair Inc. Impoundment
MC Monongalia Cheat Neck PSD Cheat Lake
MC " Lakeview County Club Cheat Lake-Lake Lynn
MC " Union Districk PSD Cheat Lake-Lake Lynn
MC " Cooper's Rock State Impoundment
Park
MC Preston Kingwood Water Cheat River
MC " Hopemount State Hosp. Snowy Creek
MC " Rowlesburg Water Keyser Run & Cheat River
MC " Albright Cheat River
MC Tucker Parsons Water Shavers & Elk Lick
Fork
MC " Thomas Municipal Thomas Reservoir
MC " Hamrick PSD Dry Fork
MC " Douglas Water System Long Run
MC " Davis Water Blackwater River
MC " Hambleton Water System Roaring Creek
MC " Canaan Valley State Blackwater River
Park
MC Pocahontas Cheat Mt. Sewer Shavers Lake
MC " Snowshoe Co. Water Shavers Fork
MC Randolph Womelsdorf Water Yokum Run
MW Harrison Lumberport Water Jones Run
MW " Clarksburg Water Bd. West Fork River
MW " Bridgeport Mun. Water Deecons & Hinkle Creek
MW " Salem Water Board Dog Run
MW " West Milford Water West Fork River
MW Lewis W.V. Water-Weston West Fork River
District
MW " Jackson's Mill Camp Impoundment
MW " West Fork River PSD West Fork River
MW " Kennedy Compresssor West Fork River
Station
MW " Jane Lew Water Comm. Hackers Creek
MW Harrison Bel-Meadow Country Lake
Club
MW " Harrison Power Station West Fork River
MW " Oakdale Portal Impoundment
MW " Robinson Port Impoundment
MT Marion Fairmont Water Comm. Tygart River
MT " Mannington Water Impoundment
MT " Monongah Water Works Tygart River
MT " Eastern Assoc. Coal CorpImpoundment
MT " Four States Water Impoundment
MT Harrison Shinnston Water Dept. Tygart River
MT Taylor Grafton Water Tygart River-Lake
MT Barbour Phillippi Water Tygart River
MT " Bethlehem Mines Corp. Impoundment
MT " Belington Water Works Tygart River & Mill Run
Lake
MT Randolph Elkins Municipal Water Tygart River
MT " Beverly Water Tygart river
MT " Valley Water Tygart River
MT " Huttonsville Medium Tygart River
Security Prison
MT " Mill Creek Water Mill Creek
MTB Upshur Buckhannon Water Board Buckhannon River
Ohio River
O Zone 1 Hancock Chester Water & Sewer Ohio River
O " Brooke City of Weirton Ohio River
O " " Weirton Steel Division Ohio River
O " Ohio Wheeling Water Ohio River
O " Tyler Sistersville Mun. Water Ohio River
O " Pleasants Pleasants Power Station Ohio River
O " Cabel Huntington Water Corp. Ohio River
O " Marshall Mobay Chemical Co. Ohio River
O " Wood E. I. DuPont Ohio River
O Zone 2 Marshall Cameron Water Glass House Hollow
O " " New Urindahana Water Wheeling Creek System
O " Wetzel Pine Grove Water North Fork, Fishing Creek
O " Marshall Consolidated Coal Co. Impoundment
O " Tyler Middlebourne Water Middle Island Creek
O " Doddridge West Union Mun. Water Middle Island Creek
O " Mason Hidden Valley Country Lake/Impoundment
O " Jackson Ripley Water Mill Creek
O " Wayne Wayne Municipal Water Twelve Pole Creek
O " " East Lynn Lake East Lynn Lake
O Zone 2 Wayne Monterey Coal Co. Impoundment
Little Kanawha
LK Wood Claywood Park PSD Little Kanawha River
LK Calhoun Grantsville Mun. Water Little Kanawha River
LK Gilmer Glenville Utility Little Kanawha River
LK " Consolidated Gas Steer Creek
Compressor
LK Braxton Burnsville Water Works Little Kanawha River
LK Roane Spencer Water Spring Creek Mile Tree Reservoir
LK Wirt Elizabeth Water Little Kanawha River
LKH Ritchie Cairo Water North Fork Hughes River
LKH " Harrisville Water North Fork Hughes River
LKH " Pennsboro Water North Fork Hughes River
Kanawha River
K Putnam Buffalo Water Cross Creek
K " Winfield Water Poplar Fork & Crooked Creek
K " South Putnam PSD Poplar Fork & Crooked Creek
K Kanawha Cedar Grove Water Kanawha River
K " Pratt Water Kanawha River
K Fayette Armstrong PSD PO-K1-CO-EL Kanawha River & Gum Hollow
K " Kanawha Water Co.- Unnamed Tributary Kanawha Beards ForkRiver
K Kanawha Midland Trail School Impoundment
K " Cedar Coal Co. Impoundment
K Fayette Elkem Metals Co. Kanawha River
K " Deepwater PSD Kanawha River
K " Kanawha Falls PSD Kanawha River
K " W.V. Water-Montgomery Kanawha River
Pocatalico River
KP Kanawha Sissonville PSD Pocatalico River
KP Roane Walton PSD Silcott Fork Dam
Coal River
KC Kanawha St. Albans Water Coal River
KC " Washington PSD Coal River
KC Lincoln Lincoln PSD Coal River
KC Boone Coal River PSD Coal River
KC " Whitesville PSD Coal River
KC Raleigh Armco Mine 10 Marsh Fork
KC " Armco Steel-Montc. Coal River
Stickney
KC Raleigh Peabody Coal Coal River
KC " Stephens Lake Park Lake Stephens
KC Boone W.V. Water-Madison Dist. Little Coal River
KC " Van PSD Pond Fork
KC Raleigh Consol. Coal Co. Workmans Creek
KC Boone Water Ways Park Coal River
Elk River
KE Kanawha Clendenin Water Elk River
KE " W.V. Water-Kanawha Elk River
Valley District
KE Kanawha Pinch PSD Elk River
KE Clay Clay Waterworks Elk River
KE " Procious PSD Elk River
KE Braxton Flatwoods-Canoe Run PSD Elk River
KE " Sugar Creek PSD Elk River
KE " W.V. Water-Gassaway Dist. Elk River
KE " W.V. Water-Sutton Dist. Elk River
KE Webster W.V. Water-Webster Springs Elk River
KE Holly River State Park Holly River
Gauley River
KG Nicholas Craigsville PSD Gauley River
KG " Summersville Water Impoundment/Muddlety Creek
KG " Nettie-Leivasy PSD Jim Branch
KG Webster Cowen PSD Gauley River
KG Nicholas Wilderness PSD Anglins Creek &
Meadow RiverKG " Richwood Water North Fork Cherry River
New River
KN Fayette Ames Heights Water Mill Creek
KN " Mt. Hope Water Impounded Mine
(Surface)
KN " Ansted Municipal Water Mill Creek
KN " Fayette Co. Park Impoundment
KN " New River Gorge Campground Impoundment
KN " Fayetteville Water Wolfe Creek
KN Raleigh Beckley Water Glade Creek
KN " Westmoreland Coal Co. Farley Branch
Bluestone River
KNB Summers Jumping Branch-Nimitz Mt. Valley Lake
KNB " Bluestone Conf. Center Bluestone Lake
KNB " Pipestem State Park Impoundment
KNB Mercer Town of Athens Impoundment
KNB " Bluewell PSD Impoundment
KNB " Bramwell Water Impoundment
KNB " Green Valley-Glenwood PSD Bailey Reservoir
KNB " Kelly's Tank Spring
KNB " W.V. Water Princeton Impoundment/Brusch Creek
KNB " Lashmeet PSD Impoundment
KNB " Pinnacle Water Assoc. Mine
KNB " W.V. Water Bluefield Impoundment
Greenbrier River
KNG Summers W.V. Water Hinton Greenbrier River & New River
KNG " Big Bend PSD Greenbrier River
KNG Greenbrier Alderson Water Dept. Greenbrier River
KNG " Ronceverte Water Greenbrier River
KNG " Lewisburg Water Greenbrier river
KNG Pocahontas Denmar State Hospital Greenbrier River
Water
KNG " City of Marlinton Water Knapp Creek
KNG " Cass Scenic Railroad Leatherbark Creek
KNG " Upper Greenbrier PSD Greenbrier River
KNG " The Hermitage Greenbrier
Guyandotte River
OG Cabell Salt Rock PSD Guyandotte River
OG Lincoln West Hamlin Water Guyandotte Rriver
OG Logan Logan Water Board Guyandotte River
OG " Man Water Works Guyandotte River
OG " Buffalo Creek PSD Buffalo Creek/
Mine/Wells
OG Logan Chapmanville Guyandotte River
OG " Logan PSD Whitman Creek/ Guyandotte
River
OG Mingo Gilbert Water Guyandotte River
OG Wyoming Oceana Water Laurel Fork
OG " Glen Rogers PSD Impoundment
OG " Pineville Water Pinnacle Creek/
Guyandotte RiverOG Raleigh Raleigh Co. PSD-Amigo Tommy Creek
OMG Cabell Milton Water Works Guyandotte River
OMG " Culloden PSD Indian Fork Creek
OMG Putnam Hurricane Municipal Water Impoundment
OMG " Lake Washington PSD Lake Washington
Big Sandy River
BS Wayne Kenova Municipal Water Big Sandy River
BS " Fort Gay Water Tug Fork
BST Mingo Kermit Water Tug Fork
BST " Matewan Water Tug Fork
BST " A & H Coal Co., Inc. Impoundment
BST " Williamson Water Impoundment
BST McDowell City of Welch Impoundment/Wells
BST " City of Gary Impoundment/Mine
APPENDIX C
CATEGORY E-3 - POWER PRODUCTION
This list contains known power production facilities and is not intended to exclude any waters as described in section 6.6.c, herein.
River Basin County Station Name Operating Company
Monongahela River
M Monongalia Fort Martin Power Station Monongahela Power
M Marion Rivesville Station Monongahela Power
MC Preston Albright Station Monongahela Power
Potomac Grant Mt. Storm Power Station Virginia Electric & Power Company
Ohio River
O - Zone 1 Wetzel Hannibal (Hydro) Ohio Power
O " " Marshall Kammer Ohio Power
O " " " Mitchell Ohio Power
O " " Pleasants Pleasants Station Monongahela Power
O " " " Willow Island Station Monongahela Power
O " " Mason Phillip Sporn Plant Central Operating (AEP)
O " " " Racine (Hydro) Ohio Power
O " " " Mountaineer Appalachian Power Co.
K Putnam Winfield (Hydro) Appalachian Power Co.
K Kanawha Marmet (Hydro) Appalachian Power Co.
K " London (Hydro) Appalachian Power Co.
K " Kanawha River Appalachian Power Co.
K " John E. Amos Appalachian Power Co.
APPENDIX D
CATEGORY C - WATER CONTACT RECREATION
This list contains waters known to be used for water contact recreation and is not intended to exclude any waters as described in section 6.4, herein.
River Basin Stream Code Stream County
Shenandoah S Shenandoah River Jefferson
Potomac P Potomac River Jefferson
P " " Hampshire
P " " Berkeley
P " " Morgan
P-9 Sleepy Creek & Berkeley
Meadow Branch
P-9-G-1 North Fork of Morgan
Indian Run
South Branch PSB South Branch of Hampshire
Potomac River
PSB " " Hardy
PSB " " Grant
PSB-21-X Hawes Run Pendleton
PSB-25-C-2 Spring Run Grant
PSB-28 North Fork South Branch Grant
Potomac River
North Branch PNB North Branch of Mineral
Potomac River
PNB-4-EE North Fork Grant
Patterson Creek
PNB-7-H Linton Creek Grant
PNB-17 Stoney River-Mt. Storm Grant
Lake
PC Cacapon River Hampshire
Monongalia
Cheat MC Cheat Lake/Cheat river Monongalia/Preston
MC Alpine Lake Preston
MC-6 Coopers Rock Lake/ Monongalia
Quarry RunMC-12 Big Sandy Creek Preston
MSC Shavers Fork Randolph
MTN Middle Fork River Barbour/
Randolph/
Upshur
MW West Fork River Harrison
Stonecoal Lake
Ohio O OhioRiver Brooke/
Cabell/
Hancock/
Jackson/
Marshall/
Mason/Ohio/Pleasants/
Tyler/WayneWood/Wetzel
O-2-H Beech Fork of Wayne
Twelvepole Creek/Beech
Fork Lake
O-2-Q East Fork of Wayne
Twelvepole Creek/East
Lynn Lake
O-3 Fourpole Creek Cabell
O-21 Old Town Creek/ Mason
McClintic Ponds
OMI Middle Island Creek/ Doddridge
Crystal Lake
OG Guyandotte River Cabell
OG Guyandotte River/ Wyoming
R. D. Bailey Lake
OGM Mud River Cabell
Little Kanawha LK Little Kanawha River/ Braxton
Burnsville Lake
Kanawha K Kanawha River Fayette/
Kanawha/
Mason/
Putnam
K-1 Unnamed Tributary Mason
Krodel Lake
KC Coal River Kanawha
KC-45-Q Stephens Branch/ Raleigh
Lake Stephens
KE Elk River Kanawha/
Clay/
Braxton/
Webster/
Randolph
KE Sutton lake Braxton
KN New River Fayette/
Raleigh/
Summers
KN-26-F Little Beaver Creek Raleigh
KNG Greenbrier River Greenbrier/Pocahontas/Summers
KNG-23-E-1 Little Devil Creek/ Monroe
Moncove Lake
KNG-28 Anthony Creek Greenbrier
KNG-28-P Meadow Creek/ Greenbrier
Lake Sherwood
KNB Bluestone River/ Summers
Bluestone Lake
KG Gauley River Webster
KG Gauley River/ Nicholas
Summersville Lake
KGW Williams River Webster
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8.1 Dissolved Aluminum (ug/l) Not to exceed: |
750xCF5 |
87xCF5 |
750xCF5 |
87xCF5 |
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8.2 Ammonia (ug/l): Un-ionized ammonia (UA) shall be determined from values of total ammonia-N, pH and temperature according to the following equation: UA = 1.2(total ammonia-N) 1+10(pka-pH) where pka = 0.0902 + 2730/(273.2 + T) and T = temperature (oC) The concentration of un-ionized ammonia (NH3) shall not exceed 50 ug/l. |
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50 |
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8.2.1 Acute and chronic aquatic life criteria for ammonia shall be determined using the National Criterion for Ammonia in Fresh Waterd from USEPA's 1999 Update of Ambient Water Quality Criteria for Ammonia (EPA-822-R-99-014, December 1999) |
X |
X |
X |
X |
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8.3 Antimony (ug/l) Not to exceed: |
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4300 |
14 |
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8.4 Arsenicb (ug/l) Not to exceed: |
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50 |
50
|
100 |
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8.4.1 Dissolved Trivalent Arsenic Not to exceed: |
360 x CF5 |
190 x CF5 |
360 x CF5 |
190 x CF5 |
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8.5 Barium (mg/l) Not to exceed: |
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1.0 |
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8.6 Beryllium (ug/l) |
130 |
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130 |
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.0077 |
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8.7 Cadmium (ug/l) Hardness Soluble Cd (mg/l CaCO3) 0 - 35 1.0 36 - 75 2.0 76 - 150 5.0 > 150 10.0 |
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X |
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8.7.1 Not to exceed 10 ug/l in the Ohio River (O Zone 1) main stem (see section 7.1.d, herein) |
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X |
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8.7.3 The four-day average concentration of dissolved cadmium shall not exceed the value determined by the following equation: Cd = e(0.7852[ln(hardness)]-3.490) x CF5 |
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X |
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X |
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8.7.4 The one-hour average concentration of dissolved cadmium shall not exceed the value determined by the following equation: Cd = e(1.128[ln(hardness)]-3.828) x CF5 |
X |
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X |
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8.8 Chloride (mg/l) Not to exceed: |
860 |
230 |
860 |
230 |
250 |
250 |
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8.9.1 Chromium, dissolved hexavalent (ug/l): Not to exceed: |
16 x CF5 |
11 x CF5 |
16 x CF5 |
7.2 x CF5 |
|
50 |
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8.9.2 Chromium, trivalent (ug/l) The one-hour average concentration of dissolved trivalent chromium shall not exceed the value determined by the following equation: exp{0.8190[ln(hardness)]+3.7256} x (CF5) |
X |
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X |
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8.9.3 The four-day average concentration of dissolved trivalent chromium shall not exceed the value determined by the following concentration: exp{0.8190[ln(hardness)]+0.6848}x (CF5 ). |
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X |
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X |
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8.10 Copper (ug/l) Not to exceed: |
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1000 |
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8.10.1 The four-day average concentration of dissolved copper shall not exceed the value determined by the following equationa: Cu = e(0.8545[ln(hardness)]-1.465) x CF5 |
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X |
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X |
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8.10.2 The one-hour average concentration of dissolved copper shall not exceed the value determined by the following equationa: Cu = e(0.9422[ln(hardness)]-1.464) x CF5 |
X |
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X |
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8.11 Cyanide (ug/l) (As free cyanide HCN+CN-) Not to exceed: |
22 |
5.0 |
22 |
5.0 |
5.0 |
5.0 |
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8.12 Dissolved Oxygenc: not less than 5 mg/l at any time. |
X |
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X |
X |
X | |
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8.12.1 Kanawha River main stem, Zone 1 - Not less than 4.0 mg/l at any time. |
X |
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8.12.2 Ohio River main stem - the average concentration shall not be less than 5.0 mg/l per calendar day and shall not be less than 4.0 mg/l at any time or place outside any established mixing zone - provided that a minimum of 5.0 mg/l at any time is maintained during the April 15-June 15 spawning season. |
X |
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8.12.3 Not less than 7.0 mg/l in spawning areas and in no case less than 6.0 mg/l at any time. |
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X |
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8.13 Fecal Coliform: Maximum allowable level of fecal coliform content for Primary Contact Recreation (either MPN or MF) shall not exceed 200/100 ml as a monthly geometric mean based on not less than 5 samples per month; nor to exceed 400/100 ml in more than ten percent of all samples taken during the month. |
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X |
X |
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8.13.1 Ohio River main stem (zone 1) - During the non-recreational season (November through April only) the maximum allowable level of fecal coliform for the Ohio River (either MPN or MF) shall not exceed 2000/100 ml as a monthly geometric mean based on not less than 5 samples per month. |
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X |
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8.14 Fluoride (mg/l) Not to exceed: |
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1.4 |
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8.14.1 Not to exceed 2.0 for category D uses. |
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X |
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8.15 Ironc (mg/l) Not to exceed: |
|
1.5 |
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0.5 |
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1.5 |
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8.16 Lead (ug/l) Not to exceed: |
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50 |
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8.16.1 The four-day average concentration of dissolved lead shall not exceed the value determined by the following equationa: Pb = e(1.273[ln(hardness)]-4.705)x CF5 |
|
X |
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X |
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8.16.2 The one-hour average concentration of dissolved lead shall not exceed the value determined by the following equationa: Pb = e(1.273[ln(hardness)]-1.46) x CF5 |
X |
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X |
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8.17 Manganese (mg/l) ( see 6.2.d) Not to exceed: |
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1.0 |
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8.18 Mercury The total organism body burden of any aquatic species shall not exceed 0.5 ug/g as methylmercury. |
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0.5 |
0.5 |
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8.18.1 Total mercury in any unfiltered water sample shall not exceed (ug/l): |
2.4 |
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2.4 |
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0.15 |
0.14 |
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8.18.2 Methylmercury (water column) Not to exceed (ug/l): |
|
.012 |
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.012 |
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8.19 Nickel (ug/l) Not to exceed: |
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4600 |
510 |
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8.19.1 The four-day average concentration of dissolved nickel shall not exceed the value determined by the following equationa: Ni = e(0.846[ln(hardness)]+1.1645) x CF5 |
|
X |
|
X |
|
|
|
|
8.19.2 The one-hour average concentration of dissolved nickel shall not exceed the value determined by the following equationa: Ni = e(0.846[ln(hardness)]+3.361) x CF5 |
X |
|
X |
|
|
|
|
|
8.20 Nitrate (as Nitrate-N) (mg/l) |
|
|
|
|
|
10 |
|
|
8.21 Nitrite (as Nitrite-N) (mg/l) Not to exceed: |
1.0 |
.060 |
|
|
| ||
|
8.22 Organics |
|
|
|
|
|
|
|
|
Chlordaneb (ng/l) |
2400 |
4.3 |
2400 |
4.3 |
0.46 |
0.46 |
0.46 |
|
DDTb (ng/l) |
1100 |
1.0 |
1100 |
1.0 |
0.024 |
0.024 |
0.024 |
|
Aldrinb (ng/l) |
3.0 |
|
3.0 |
|
0.071 |
0.071 |
0.071 |
|
Dieldrinb (ng/l) |
2500 |
1.9 |
2500 |
1.9 |
0.071 |
0.071 |
0.071 |
|
Endrin (ng/l) |
180 |
2.3 |
180 |
2.3 |
2.3 |
2.3 |
2.3 |
|
Toxapheneb (ng/l) |
730 |
0.2 |
730 |
0.2 |
0.73 |
0.73 |
0.73 |
|
PCBb (ng/l) |
|
14.0 |
|
14.0 |
0.045 |
0.044 |
0.045 |
|
Methoxychlor (ug/l) |
|
0.03 |
|
0.03 |
0.03 |
0.03 |
0.03 |
|
Dioxin (2,3,7,8- TCDD)b (pg/l) |
|
|
|
|
0.014 |
0.013 |
0.014 |
|
Acrylonitrileb (ug/l) |
|
|
|
|
0.66 |
0.059 |
|
|
Benzeneb (ug/l) |
|
|
|
|
71 |
0.66 |
|
|
1,2-dichlorobenzene (mg/l) |
|
|
|
|
17 |
2.7 |
|
|
1,3-dichlorobenzene (mg/l) |
|
|
|
|
2.6 |
0.4 |
|
|
1,4-dichlorobenzene (mg/l) |
|
|
|
|
2.6 |
0.4 |
|
|
2,4-dinitrotolueneb (ug/l) |
|
|
|
|
9.1 |
0.11 |
|
|
Hexachlorobenzeneb (ng/l) |
|
|
|
|
0.77 |
0.72 |
|
|
Carbon tetrachlorideb (ug/l) |
|
|
|
|
4.4 |
0.25 |
|
|
Chloroformb (ug/l) |
|
|
|
|
470 |
0.19 |
|
|
Halomethanes (ug/l) |
|
|
|
|
15.7 |
0.19 |
|
|
1,2-dichloroethaneb (ug/l) |
|
|
|
|
99 |
0.035 |
|
|
1,1,1- trichloroethaneb (mg/l) |
|
|
|
|
|
12 |
|
|
1,1,2,2-tetrachloroethane (ug/l) |
|
|
|
|
11 |
0.17 |
|
|
1,1-dichloroethyleneb (ug/l) |
|
|
|
|
3.2 |
0.03 |
|
|
Trichloroethyleneb (ug/l) |
|
|
|
|
81 |
2.7 |
|
|
Tetrachloroethyleneb (ug/l) |
|
|
|
|
8.85 |
0.8 |
|
|
Tolueneb (mg/l) |
|
|
|
|
200 |
6.8 |
|
|
Polynuclear Aromatic Hydrocarbons (PAH)b (ug/l) |
|
|
|
|
0.031 |
.0028 |
|
|
Phthalate esters (ug/l) |
|
3.0 |
|
3.0 |
|
|
|
|
Vinyl chlorideb (chloroethene)(ug/l) |
|
|
|
|
525 |
2.0 |
|
|
alpa-BHC (alpha- Hexachloro- cyclohexane)b (ug/l) |
|
|
|
|
0.013 |
.0039 |
|
|
beta-BHC(beta- Hexachloro- cyclohexane)b (ug/l) |
|
|
|
|
0.046 |
0.014 |
|
|
gamma-BHC (gamma- Hexachloro- cyclohexane)b (ug/l) |
2.0 |
0.08 |
2.0 |
0.08 |
0.063 |
0.019 |
|
|
Chlorobenzene (mg/l) |
|
|
|
|
21 |
0.68 |
|
|
Ethylbenzene (mg/l) |
|
|
|
|
29 |
3.1 |
|
|
Heptachlorb (ng/l) |
520 |
3.8 |
520 |
3.8 |
0.21 |
0.21 |
|
|
2-methyl-4,6-Dinitrophenol (ug/l) |
|
|
|
|
765 |
13.4 |
|
|
Fluoranthene (ug/l) |
|
|
|
|
370 |
300 |
|
|
8.22.1 The organic chemicals listed in '8.22 shall not exceed the specified water quality criteria. When the specified criteria are less than the practical laboratory quantification level, instream values will be calculated from discharge concentrations and flow rates where applicable. |
|
|
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|
|
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|
|
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|
|
8.23 pHc No values below 6.0 nor above 9.0. Higher values due to photosynthetic activity may be tolerated. |
X |
X |
X |
X |
X |
X |
X |
|
8.24 Phenolic Materials |
|
|
|
|
|
|
|
|
8.24.1 Phenol (ug/l) Not to exceed: |
10,200 |
2,560 |
10,200 |
2,560 |
4,600,000 |
3.5 mg/l 21,000 |
|
|
8.24.2 2-Chlorophenol (ug/l) Not to exceed: |
|
|
|
|
400 |
120 |
|
|
|
|
|
|
|
|
|
|
|
8.24.3 2,4-Dichlorophenol (ug/l) Not to exceed: |
|
|
|
|
790 |
93 |
|
|
8.24.4 2,4-Dimethylphenol (ug/l) Not to exceed: |
|
|
|
|
2300 |
540 |
|
|
8.24.5 2,4-Dinitrophenol (ug/l) Not to exceed: |
|
|
|
|
14,000 |
70 |
|
|
8.24.6 Pentachlorophenolb (ug/l) |
|
|
|
|
8.2 |
0.28 |
|
|
8.24.6.a The one-hour average concentration of pentachlorophenol shall not exceed the value determined by the following equation: exp(1.005(pH)-4.869) |
X |
|
X |
|
|
|
|
|
8.24.6.b The 4-day average concentration of pentachlorophenol shall not exceed the value determined by the following equation: exp(1.005(pH)-5.134). |
|
X |
|
X |
|
|
|
|
8.24.7 2,4,6-Trichlorophenolb (ug/l) Not to exceed: |
|
|
|
|
6.5 |
2.1 |
|
|
8.25 Radioactivity: Gross Beta activity not to exceed 1000 picocuries per liter (pCi/l), nor shall activity from dissolved strontium-90 exceed 10 pCi/l, nor shall activity from dissolved alpha emitters exceed 3 pCi/l. |
X |
X |
X |
X |
X | ||
|
8.25.1 Gross total alpha particle activity (including radium-226 but excluding radon and uranium shall not exceed 15 pCi/l and combined radium-226 and radium-228 shall not exceed 5pCi/l; provided that the specific determination of radium-226 and radium-228 are not required if dissolved particle activity does not exceed 5pCi/l; the concentration of tritium shall not exceed 20,000 pCi/l; the concentration of total strontium-90 shall not exceed 8 pCi/l in the Ohio River main stem. |
X |
X |
X |
X |
X | ||
|
8.26 Selenium (ug/l) Not to exceed: |
20 |
5 |
20 |
5 |
|
10 |
|
|
8.27 Silver (ug/l) Hardness Silver 0-50 1 51-100 4 101-200 12 >201 24 |
|
|
|
X |
|
X |
|
|
8.27.1 0-50 1 51-100 4 101-200 12 201-400 24 401-500 30 501-600 43 |
|
X |
|
|
|
|
|
|
8.27.2 The one-hour average concentration of dissolved silver shall not exceed the value determined by the following equation: Ag=e(1.72[ln(hardness)]-6.52) x CF5 |
X |
|
X |
|
|
|
|
|
8.28 Temperature Temperature rise shall be |
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|
|
|
|
|
|
|
limited to no more than 5oF above natural temperature, not to exceed 87oF at any time during months of May through November and not to exceed 73oF at any time during the months of December through April. During any month of the year, heat should not be added to a stream in excess of the amount that will raise the temperature of the water more than 5oF above natural temperature. In lakes and reservoirs, the temperature of the epilimnion should not be raised more than 3oF by the addition of heat of artificial origin. The normal daily and seasonable temperature fluctuations that existed before the addition of heat due to other natural causes should be maintained. |
X X |
|
|
|
|
| |
|
8.28.1 For the Kanawha River Main Stem (K-1): Temperature rise shall be limited to no more than 5oF above natural temperature, not to exceed 90oF in any case. |
X |
|
|
|
|
| |
|
8.28.2 For the Bluestone R (KNB), Bluestone Lake (KN-60) East River (KNE), New River (KN), Gauley R. (KG) and Greenbrier River (KNG): Temperature rise shall be limited to no more than 5oF above natural temperature, not to exceed 81oF at any time during the months of May through November and not to exceed 73oF at any time during December through April. |
|
|
X |
|
|
| |
|
8.28.3 No heated effluents will be discharged in the vicinity of spawning areas. The maximum temperatures for cold waters are expressed in the following table: Daily Hourly Mean oF Max oF Oct-Apr 50 55 Sep-May 58 62 Jun-Aug 66 70 |
|
|
X |
|
|
| |
|
8.28.4 For Ohio River Main Stem (01)(section 7.1.d, herein): Period Inst. Dates Ave. Max. Jan 1-31 45oF 50oF February 45 50 March 1-15 51 56 March 16-31 54 59 April 1-15 58 64 April 16-30 64 69 May 1-15 68 73 May 16-31 75 80 June 1-15 80 85 June 16-30 83 87 July 1-31 84 89 August 1-31 84 89 Sept 1-15 84 87 Sept 16-30 82 86 Oct 1-15 77 82 Oct 16-31 72 77 Nov 1-30 67 72 Dec 1-31 52 57 |
X |
|
|
|
|
| |
|
8.29 Thallium (ug/l) |
|
|
|
|
6.3 |
1.7 |
|
|
8.30 Threshold odorc Not to exceed a threshold odor number of 8 at 104oF as a daily average. |
|
X |
|
X |
X |
X |
|
|
8.31 Total Residual Chlorine (ug/l - measured by amperometric or equivalent method) Not to exceed: |
19 |
11 |
|
|
|
|
|
|
8.31.1 No chlorinated discharge allowed |
|
|
X |
|
|
| |
|
8.32 Turbidity No point or non-point source to West Virginia's waters shall contribute a net load of suspended matter such that the turbidity exceeds 10 NTU's over background turbidity when the background is 50 NTU or less, or have more than a 10% increase in turbidity (plus 10 NTU minimum) when the background turbidity is more than 50 NTUs. |
|
|
|
|
|
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|
|
This limitation shall apply to all earth disturbance activities and shall be determined by measuring stream quality directly above and below the area where drainage from such activity enters the affected stream. Any earth disturbing activity continuously or intermittently carried on by the same or associated persons on the same stream or tributary segment shall be allowed a single net loading increase. |
|
X |
|
X |
X |
X |
|
|
8.32.1 This rule shall not apply to those activities at which Best Management Practices in accordance with the State's adopted 208 Water Quality Management Plan are being utilized, maintained and completed on a site-specific basis as determined by the appropriate 208 cooperative or an approved Federal or State Surface Mining Permit is in effect. This exemption shall not apply to Trout Waters. |
|
X |
|
|
X |
X |
|
|
8.33 Zinc (ug/l) The four-day average concentration of dissolved zinc shall not exceed the value determined by the following equationa: Zn = e(0.8473[ln(hardness)]+0.7614) x CF5 |
|
X |
|
X |
|
|
|
|
8.33.1 The one-hour average concentration of dissolved zinc shall not exceed the value determined by the following equationa: Zn = e(0.8473[ln(hardness)]+0.8604) x CF5 |
X |
|
X |
|
|
|
|
1 One hour average concentration not to be exceeded more than once every three years on the average, unless otherwise noted.
2 Four-day average concentration not to be exceeded more than once every three years on the average, unless otherwise noted.
3 These criteria have been calculated to protect human health from toxic effects through fish consumption, unless otherwise noted.
4 These criteria have been calculated to protect human health from toxic effects through drinking water and fish consumption, unless otherwise noted.
5 The appropriate Conversion Factor (CF) is a value used as a multiplier to derive the dissolved aquatic life criterion is found in Appendix E, Table 2.
a Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use is this equation shall not be less than 25 mg/l, even if the actual ambient hardness is less than 25 mg/l. The maximum hardness value for use in this equation shall not exceed 400 mg.l even if the actual hardness is greater than 400 mg/l.
b Known or suspected carcinogen. Human health standards are for a risk level of 10-6.
c May not be applicable to wetlands (B4) - site-specific criteria are desirable.
d The early life stage equation in the National Criterion shall be used to establish chronic criteria throughout the state unless the applicant demonstrates that no early life stages of fish occur in the affected water(s).
APPENDIX E
TABLE 2
Conversion Factors
Metal Acute Chronic
|
Aluminum |
1.000 |
1.000 |
|
Arsenic (III) |
1.000 |
1.000 |
|
Cadmium |
1.136672-[(ln hardness)(0.041838)] |
1.101672-[(ln hardness)(0.041838)] |
|
Chromium (III) |
0.316 |
0.860 |
|
Chromium(VI) |
0.982 |
0.962 |
|
Copper |
0.960 |
0.960 |
|
Lead |
1.46203-[(ln hardness)(0.145712)] |
1.46203-[(ln hardness)(0.145712)] |
|
Nickel |
0.998 |
0.997 |
|
Silver |
0.85 |
N/A |
|
Zinc |
0.978 |
0.986 |
§64-3-3. Solid waste management board.
(a) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section twenty-three, article four, chapter twenty-two-c, of this code, relating to the solid waste management board (developing, updating and amending of comprehensive litter and solid waste control plans, 54 CSR 3), is authorized.
(b) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section twenty-three, article four, chapter twenty-two-c, of this code, relating to the solid waste management board (development of commercial and solid waste facility siting plans, 54 CSR 4), is authorized.
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