SB167 S EIM AM #1 1-22
Wilkinson 7879
The Committee on Energy, Industry and Mining moved to amend the bill on page one, section one, line five, after the word “authorized” by striking out the period and adding the following: with the following amendment:
On pages thirty-eight through fifty-five, by striking out all of Appendix E, Table 1, and inserting in lieu thereof a new Appendix E, Table 1, to read as follows:
Adopted
Rejected
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8.1 Dissolved Aluminum (ug/l) For water with pH <6.5 or >9.0 |
750xCF5 |
750xCF5 |
750xCF5 |
87xCF5 |
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8.1.1 Dissolved Aluminum (ug/l) For water with pH ≥ 6.5 and ≤ 9.0, the four-day average concentration of dissolved aluminum determined by the following equatione: Al = e(1.3695[ln(hardness)]+0.9121) x CF5 |
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X |
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8.1.2 Dissolved Aluminum (ug/l) For water with pH ≥ 6.5 and ≤ 9.0, the one-hour average concentration of dissolved aluminum determined by the following equatione: Al = e(1.3695[ln(hardness)]+1.8268) x CF5 |
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X |
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8.2. 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)
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4300 |
14 |
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8.4 Arsenic (ug/l)
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10 |
10
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100 |
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8.4.1 Dissolved Trivalent Arsenic (ug/l)
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340
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150
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340
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150
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8.5 Barium (mg/l)
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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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4.0 |
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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 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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8.7.2 The four-day average concentration of dissolved cadmium determined by the following equation: Cd = e(0.7409[ln(hardness)]-4.719) x CF5 |
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X |
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8.7.3 The one-hour average concentration of dissolved cadmium determined by the following equation: Cd = e(1.0166[ln(hardness)]-3.924) x CF5 |
X |
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X |
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8.8 Chloride (mg/l) |
860 |
230 |
860 |
230 |
250 |
250 |
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8.9.1 Chromium, dissolved hexavalent (ug/l): |
16 |
11 |
16 |
7.2 |
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50 |
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8.9.2 Chromium, trivalent (ug/l) The one-hour average concentration of dissolved trivalent chromium determined by the following equation: CrIII = e(0.8190[ln(hardness)]+3.7256) x CF5 |
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X |
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8.9.3 The four-day average concentration of dissolved trivalent chromium determined by the following concentration: CrIII = e(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) |
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1000 |
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8.10.1 The four-day average concentration of dissolved copper determined by the following equationa: Cu = e(0.8545[ln(hardness)]-1.702) 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 determined by the following equationa: Cu = e(0.9422[ln(hardness)]-1.700) x CF5 |
X |
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X |
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8.11. Cyanide (ug/l) (As free cyanide HCN+CN-)
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22 |
5.0 |
22 |
5.0 |
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8.11.2 Cyanide (total) (ug/l) |
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970 |
4 |
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8.12 Dissolved Oxygenc: not less than 5 mg/l at any time. |
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X |
X |
X |
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8.12.1 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. |
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8.12.2 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 Water 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 |
X |
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8.14 Fluoride (mg/l) |
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1.4 |
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8.14.1 Not to exceed 2.0 for category D1 uses. |
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X |
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8.15 Ironc (mg/l) |
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1.5 |
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1.0 |
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1.5 |
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8.16 Lead (ug/l) |
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50 |
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8.16.1 The four-day average concentration of dissolved lead determined by the following equationa: Pb = e(1.273[ln(hardness)]-4.705)x CF5 |
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X |
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8.16.2 The one-hour average concentration of dissolved lead determined by the following equationa: Pb = e(1.273[ln(hardness)]-1.46) x CF5 |
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X |
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8.17 Manganese (mg/l) ( see §6.2.d) |
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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
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0.5
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8.18.1 Total mercury in any unfiltered water sample (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) (ug/l): |
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.012 |
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.012 |
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Nickel (ug/l) |
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4600 |
510 |
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8.19.1 The four-day average concentration of dissolved nickel determined by the following equationa: Ni = e(0.846[ln(hardness)]+0.0584) x CF5 |
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X |
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8.19.2 The one-hour average concentration of dissolved nickel determined by the following equationa: Ni = e(0.846[ln(hardness)]+2.255) x CF5 |
X |
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X |
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8.20 Nitrate (as Nitrate-N) (mg/l) |
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10 |
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8.21 Nitrite (as Nitrite-N) (mg/l)
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1.0 |
.060 |
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8.22 Nutrients |
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Chlorophyll –a (µg/l) (see §47-2-8.3) |
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Total Phosphorus (µg/l) (see §47-2-8.3) |
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8.23 Organics |
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Acenaphthene (ug/l) |
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190 |
130 |
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Acrylonitrileb (ug/l) |
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15 |
0.061 |
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Aldrinb (ng/l) |
3.0 |
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3.0 |
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0.0014 |
0.0014 |
0.071 |
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alpa-BHC (alpha- Hexachloro- cyclohexane)b (ug/l) |
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0.00084 |
0.00073 |
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Anthracene (ug/l) |
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800 |
570 |
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Benzeneb (ug/l) |
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51 |
0.66 |
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Benzo(a) Anthraceneb (ug/l) |
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0.0028 |
0.0027 |
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Benzo(a) Pyreneb (ug/l) |
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0.00028 |
0.00027 |
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Benzo(b) Fluorantheneb (ug/l) |
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0.0028 |
0.0027 |
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Benzo(k) Fluorantheneb (ug/l) |
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0.028 |
0.027 |
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beta-BHC(beta- Hexachloro- cyclohexane)b (ug/l) |
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0.029 |
0.011 |
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Bis(2-Ethylhexyl) Phthalateb (ug/l) |
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0.81 |
0.61 |
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Bromoformb (ug/l) |
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240 |
7.2 |
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Butylbenzyl Phthalateb (ug/l) |
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0.22 |
0.22 |
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Carbon tetrachlorideb (ug/l) |
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10 |
0.5 |
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Chlordaneb (ng/l) |
2400 |
4.3 |
2400 |
4.3 |
0.60 |
0.59 |
0.46 |
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Chlorobenzene (mg/l) |
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1.7 |
0.12 |
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Chloroformb (ug/l) |
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4,800 |
66 |
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Chryseneb (ug/l) |
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0.28 |
0.27 |
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DDTb (ng/l) |
1100 |
1.0 |
1100 |
1.0 |
0.05 |
0.05 |
0.024 |
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Dibenzo(a,h)Anthraceneb (ug/l) |
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0.00028 |
0.00027 |
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Dichlorobromomethaneb (ug/l) |
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56 |
0.96 |
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Diethyl Phthalate (ug/l) |
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1,400 |
1,100 |
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Dieldrinb (ng/l) |
2500 |
1.9 |
2500 |
1.9 |
0.0022 |
0.0022 |
0.071 |
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Dimethyl Phthalate (ug/l) |
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4,000 |
3,800 |
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Di-n-Butyl Phthalate (ug/l) |
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60 |
50 |
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Dioxin (2,3,7,8- TCDD)b (pg/l) |
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0.014 |
0.013 |
0.014 |
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Endrin (ng/l) |
180 |
2.3 |
180 |
2.3 |
64 |
63 |
2.3 |
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Ethylbenzene (mg/l) |
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0.26 |
0.094 |
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Fluoranthene (ug/l) |
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43 |
37 |
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Fluorene (ug/l) |
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130 |
90 |
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gamma-BHC (gamma- Hexachloro- cyclohexane)b (ug/l) |
2.0 |
0.08 |
2.0 |
0.08 |
9.1 |
8.2 |
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Heptachlorb (ng/l) |
520 |
3.8 |
520 |
3.8 |
0.011 |
0.0011 |
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Hexachlorobenzeneb (ng/l) |
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0.15 |
0.15 |
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Indeno(1,2,3-cd)Pyreneb (ug/l) |
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0.0028 |
0.0027 |
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Methoxychlor (ug/l) |
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0.03 |
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0.03 |
0.04 |
0.03 |
0.03 |
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Methyl Bromide (ug/l) |
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25,000 |
130 |
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Methylene Chlorideb (ug/l) |
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2,700 |
17 |
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PCBb (ng/l) |
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14.0 |
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14.0 |
0.045 |
0.044 |
0.045 |
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Phthalate esters6 (ug/l) |
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3.0 |
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3.0 |
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Pyrene (ug/l) |
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60 |
40 |
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Tetrachloroethyleneb (ug/l) |
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59 |
13 |
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Tolueneb (mg/l) |
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1.1 |
0.061 |
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Toxapheneb (ng/l) |
730 |
0.2 |
730 |
0.2 |
1.5 |
1.4 |
0.73 |
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Trichloroethyleneb (ug/l) |
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14 |
0.6 |
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Vinyl chlorideb (chloroethene) (ug/l) |
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3.4 |
0.022 |
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1,1,1- trichloroethaneb (mg/l) |
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370 |
13 |
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1,1,2,2-tetrachloroethane (ug/l) |
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6 |
0.2 |
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1,1-dichloroethyleneb (ug/l) |
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34,000 |
330 |
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1,2-dichlorobenzene (mg/l) |
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7 |
2 |
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1,2-dichloroethaneb (ug/l) |
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1,400 |
10 |
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1,3-dichlorobenzene (mg/l) |
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0.027 |
0.009 |
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1,4-dichlorobenzene (mg/l) |
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1.8 |
0.4 |
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2,4-dinitrotolueneb (ug/l) |
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3.5 |
0.049 |
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2-Chloronaphthalene (ug/l) |
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2,500 |
1,200 |
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2-methyl-4,6-Dinitrophenol (ug/l) |
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56 |
2 |
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8.23.1 When the specified criteria for organic chemicals listed in §8.23 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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8.24 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 |
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8.25 Phenolic Materials |
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8.25.1 Phenol (ug/l) |
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8.25.2 2-Chlorophenol (ug/l) |
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8.25.3 2,4-Dichlorophenol (ug/l) |
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8.25.4 2,4-Dimethylphenol (ug/l) |
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8.25.5 2,4-Dinitrophenol (ug/l) |
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8.25.6 Pentachlorophenolb (ug/l) |
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8.25.6.a The one-hour average concentration of pentachlorophenol determined by the following equation: exp(1.005(pH)-4.869) |
X |
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X |
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8.25.6.b The 4-day average concentration of pentachlorophenol determined by the following equation: exp(1.005(pH)-5.134). |
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X |
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X |
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8.25.7 2,4,6-Trichlorophenolb (ug/l) |
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8.26 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 |
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8.26.1 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. |
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5 |
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5 |
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50 |
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8.27.1 Selenium (ug/g) g (based on instantaneous measurement) 8.0 ug/g Fish Whole-Body Concentration or 11.3 ug/g Fish Muscle (skinless, boneless filet)
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8.27.2 Selenium (ug/g) Fish Egg/Ovary Concentration h (based on instantaneous measurement) |
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15.8 |
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15.8 |
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8.28 Silver (ug/l) Hardness Silver 0-50 1 51-100 4 101-200 12 >201 24 |
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8.28.1 0-50 1 51-100 4 101-200 12 201-400 24 401-500 30 501-600 43 |
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8.28.2 The one-hour average concentration of dissolved silver determined by the following equation: Ag=e(1.72[ln(hardness)]-6.59) x CF5 |
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Temperature rise shall be 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. |
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8.29.1 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. |
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8.29.2 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 Jun-Aug 66 70 |
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8.29.3 For Ohio River Main Stem (01) (see 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 |
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8.30 Thallium (ug/l) |
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6.3 |
1.7 |
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8.31 Threshold odorc Not to exceed a threshold odor number of 8 at 104oF as a daily average. |
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8.32 Total Residual Chlorine (ug/l - measured by amperometric or equivalent method) |
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11 |
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8.32.1 No chlorinated discharge allowed |
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8.33 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. 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. |
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8.33.1 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. |
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8.34 Zinc (ug/l) The four-day average concentration of dissolved zinc determined by the following equationa: Zn = e(0.8473[ln(hardness)]+0.884) x CF5 |
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8.34.1 The one-hour average concentration of dissolved zinc determined by the following equationa: Zn = e(0.8473[ln(hardness)]+0.884) x CF5 |
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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. Concentration Annual
geometric mean concentration not to be exceeded, unless otherwise noted.
4 These criteria
have been calculated to protect human health from toxic and/or organoleptic
effects through drinking water and fish consumption, unless otherwise noted. Concentration
Annual geometric mean concentration not to be exceeded, 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.
6 Phthalate esters are determined by the summation of the concentrations of Butylbenzyl Phthalate, Diethyl Phthalate, Dimethyl Phthalate, Di-n-Butyl Phthalate and Di-n-Octyl Phthalate.
a Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use in 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).
e Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use in this equation shall not be less than 26 mg/l, even if the actual ambient hardness is less than 26 mg/l. The maximum hardness value for use in this equation shall not exceed 200 mg/l even if the actual hardness is greater than 200 mg/l.
f Water column values take precedence over fish tissue values when new inputs of selenium occur in waters previously unimpacted by selenium, until equilibrium is reached between the water column and fish tissue.
g Overrides any water column concentration when water concentrations and either fish whole body or fish muscle (skinless, boneless filet) are measured, except in situations described in footnote f
h Overrides any fish whole-body, fish muscle (skinless, boneless filet), or water column concentration when fish egg/ovary concentrations are measured, except in situations described in footnote f