Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-2-7 - West Virginia Waters7.1. Major River Basins and their Alphanumeric System. All streams and their tributaries in West Virginia shall be individually identified using the stream codes developed by the Department and available on the Department's website. 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.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 - Youghiogheny 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, designated as 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, designated as 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, designated as 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 (1/2) 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 (1/2) mile zone, the secretary 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.) The one-half (1/2) 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 and mile points 70 and 71. All mixing zone regulations found in section 5 of this rule will apply except for subdivision 5.2.h.6. Whether a mixing zone is appropriate and the proper size of such zone would need to be considered on a site-specific basis in accordance with the U.S. EPA approved West Virginia mixing zone regulations in section 5 above.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 paragraph 7.2.c.5 below, 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 stream, when they are dry or have no measurable flow), so long as 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 subdivision 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 or in zones of initial dilution and certain mixing zones, except 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 secretary 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 water 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 secretary, in the secretary's 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 secretary 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 are required before site-specific criteria for natural conditions are established. Upon application or on the secretary's own initiative, the secretary will determine whether a natural condition of a water should be approved as a site-specific water quality criterion. Before he or she approves a site-specific water quality criterion for a natural condition, the secretary 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 water varies with time, the natural condition will be determined to be the actual natural condition of the water measured prior to or concurrent with discharge or operation. The secretary will, in the secretary's 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 secretary and shall include the following information:
7.2.c.4.A. A Unites States Geological Survey (USGS) 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 is unavailable, the secretary may require additional studies7.2.c.4.D. General land uses (e.g. mining, agricultural, recreational, 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; and7.2.c.4.J. Any additional information or data that the secretary 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 and approved by the secretary 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 46CSR6 and subsections 8.4 and 8.5 below. 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. A site-specific numeric criterion for aluminum, not to exceed 500 µg/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 - (Reserved)7.2.d.7. Monongahela River - Flow in the main stem of the Monongahela River, as regulated by the Tygart and Stonewall Jackson Reservoirs, operated by the U.S. Army Corps of Engineers, is based on a minimum flow of 425 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 River7.2.d.8.1. 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 (5 µg/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 [MICRO]g/l and manganese: 5 mg/l. For both the unnamed tributary of Daugherty Run, approximately one mile upstream of Daugherty Run's confluence with the Cheat River, and Fly Ash Run, Water Use Category A shall not apply.7.2.d.8.2. A variance pursuant 46CSR6, based on human-caused conditions which prohibit the full attainment of any designated use and cannot be immediately remedied, shall apply to the Division of Land Restoration's Office of Special Reclamation's discharges into Martin Creek of Preston County and its tributaries, including Glade Run, Fickey Run, and their unnamed tributaries. The following existing conditions will serve as instream interim criteria while this variance is in place: pH range of 3.29.0, 10 mg/L total iron, and 15 mg/L dissolved aluminum. Alternative restoration measures, as described in the variance application submitted by the Division of Land Restoration's Office of Special Reclamation, shall be used to achieve significant improvements to existing conditions in these waters during the variance period. Conditions will be evaluated during each triennial review throughout the variance period. This variance shall remain in effect until action by the secretary to revise the variance or until July 1, 2025, whichever comes first.7.2.d.9. Blackwater River - (Reserved)7.2.d.10. West Fork River - (Reserved)7.2.d.11. Tygart River - 7.2.d.11.1. A variance pursuant to 46CSR6, based on human-caused conditions which prohibit the full attainment of any designated use and cannot be immediately remedied, shall apply to the Division of Land Restoration's Office of Special Reclamation's discharges into Maple Run, Left Fork Little Sandy Creek, and their unnamed tributaries. The following existing conditions will serve as instream interim criteria while this variance is in place: For Maple Run, pH range of 3.3-9.0, 2 mg/L total iron, and 12 mg/L dissolved aluminum; for Left Fork Little Sandy Creek, pH range of 2.5-9.0, 14 mg/L total iron, and 33 mg/L dissolved aluminum. Alternative restoration measures, as described in the variance application submitted by the Division of Land Restoration's Office of Special Reclamation, shall be used to achieve significant improvements to existing conditions in these waters during the variance period. Conditions will be evaluated and reported upon during each triennial review throughout the variance period. This variance shall remain in effect until action by the secretary to revise the variance or until July 1, 2025, whichever comes first.7.2.d.12. Buckhannon River - (Reserved)7.2.d.13. Middle Fork River - (Reserved)7.2.d.14. Youghiogheny River - (Reserved)7.2.d.15. Ohio River Main Stem - (Reserved)7.2.d.16. Ohio River Tributaries -7.2.d.16.1. 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 [MICRO]g/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.17. Little Kanawha River - (Reserved)7.2.d.18. Hughes River - (Reserved)7.2.d.19. Kanawha River Zone 1 - Main Stem7.2.d.19.1. For the Kanawha River main stem, Zone 1, 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. 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 [MICRO]g/1 and copper not to exceed 105 [MICRO]g/1 as a daily maximum or 49 [MICRO]g/1 as a four-day average.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 - 7.2.d.29.1. In Marr Branch, a tributary of the New River, a site-specific dissolved zinc criteria defined by the equation CMC=CCC=e0.8541*ln(hardness)+1.151 x CF shall apply for both chronic and acute exposures7.2.d.30. Greenbrier River - (Reserved)7.2.d.31. Bluestone River - (Reserved)7.2.d.32. Bluestone Lake - (Reserved)7.2.d.33. East River - (Reserved)7.2.d.34. Guyandotte River -7.2.d.34.1. Pats Branch from its confluence with the Guyandotte River to a point 1000 feet upstream shall not have Water Use Category A and Category D1 designation.7.2.d.35. Mud River - (Reserved)7.2.d.36. Big Sandy River - (Reserved)7.2.d.37. Tug Fork River - (Reserved)