State regulators are moving forward with plans to make it easier for industry to remove important drinking-water protections for West Virginia's rivers and streams.
State regulators are moving forward with plans to make it easier for industry to remove important drinking-water protections for West Virginia's rivers and streams.
Department of Environmental Protection officials hope to issue a formal proposal this summer, and seek legislative approval in next year's session.
The agency is responding to years of complaints from industry lobbyists, who don't like West Virginia's long-standing policy of protecting all streams as possible drinking water sources.
DEP officials are hoping to clarify that policy, and at the same time head off an effort for broader changes by business groups.
"We think it's a good way to balance all of this," DEP lawyer Karen Watson said at a Wednesday meeting called to discuss the agency proposal.
Historically, state regulators have mandated that all streams statewide be designated as drinking water sources, even if no one was using them as such.
Under the law, streams that are designated for use as drinking water must meet tighter water quality standards.
Supporters say West Virginia's statewide drinking water designation, known as Category A, protects residents who get their drinking water directly from small streams, instead of municipal systems. They also say it keeps streams viable for drinking in case new residents move in and use streams that aren't currently being used.
The law now allows the drinking water use designation to be removed on a stream-by-stream basis. But industry officials say this process - requiring legislative and federal Environmental Protection Agency approval - takes far too long.
Under the DEP proposal, the agency could approve such changes if the waterway in question has "insufficient flow" or "hydrological modifications" that make it unsuitable for current or future use as a drinking water supply.
Changes in stream use designations could occur as part of the process of issuing new or renewed water pollution permits.
State regulators are moving forward with plans to make it easier for industry to remove important drinking-water protections for West Virginia's rivers and streams.
Department of Environmental Protection officials hope to issue a formal proposal this summer, and seek legislative approval in next year's session.
The agency is responding to years of complaints from industry lobbyists, who don't like West Virginia's long-standing policy of protecting all streams as possible drinking water sources.
DEP officials are hoping to clarify that policy, and at the same time head off an effort for broader changes by business groups.
"We think it's a good way to balance all of this," DEP lawyer Karen Watson said at a Wednesday meeting called to discuss the agency proposal.
Historically, state regulators have mandated that all streams statewide be designated as drinking water sources, even if no one was using them as such.
Under the law, streams that are designated for use as drinking water must meet tighter water quality standards.
Supporters say West Virginia's statewide drinking water designation, known as Category A, protects residents who get their drinking water directly from small streams, instead of municipal systems. They also say it keeps streams viable for drinking in case new residents move in and use streams that aren't currently being used.
The law now allows the drinking water use designation to be removed on a stream-by-stream basis. But industry officials say this process - requiring legislative and federal Environmental Protection Agency approval - takes far too long.
Under the DEP proposal, the agency could approve such changes if the waterway in question has "insufficient flow" or "hydrological modifications" that make it unsuitable for current or future use as a drinking water supply.
Changes in stream use designations could occur as part of the process of issuing new or renewed water pollution permits.
DEP officials unveiled their proposal last November, and held Wednesday's meeting to announce several changes that have been since written into the plan.
Among other things, the DEP agreed to provide an extended, 45-day comment period on efforts to remove drinking water use designations. And at the EPA's request, language was added to require federal approval of any such use removals.
But though the DEP rule itself needs legislative approval, agency officials currently are hoping actual changes in river and stream uses will not be required to go through lawmakers.
Don Garvin, lead lobbyist for the West Virginia Environmental Council, said he doesn't like that language.
"You're attempting to get [lawmakers] to waive their right to review a change in water quality standards," Garvin said.
And Cindy Rank, mining chairwoman of the West Virginia Highlands Conservancy, said the DEP rule makes it too easy for drinking water use designations to be removed.
"The water is our most valuable resource, and should not be discarded easily," Rank said.
Dave Yaussy, an industry lawyer, said he opposes the idea of the DEP writing the statewide drinking water designation into its official regulations.
But Watson, the DEP lawyer, said the agency is firm in its position to include that in the rule.
"If the state wants to protect these waters for the future, it needs to say so," she said.
To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.
