Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-1-7 - West Virginia Waters7.1. Major River Basins and their Alphanumeric System. All streams and their tributaries in West Virginia shall be individually identified using 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. KG - 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 (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 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 September 1, 2010, or until action by the Environmental Quality Board to revise this provision, whichever comes first, 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 for the Category A criterion for iron as set forth in §8 herein. Weirton Steel Corporation shall conduct monthly monitoring of the treated water at its drinking water plant for iron and submit the results of such monitoring to the West Virginia Bureau for Public Health and the Office of Water Resources of the West Virginia Department of Environmental Protection. In addition, Weirton Steel Corporation shall submit a written report regarding the status of its drinking water plant and the issues pertaining thereto to the Environmental Quality Board on or before March 1, 2007.7.2.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; and7.2.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/1, 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 5°F above natural temperature rise; however, the maximum temperature outside the mixing zone shall not exceed 87°F at any time during the months of May through November and not exceed 73°F 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/1 shall apply and the following frequency and duration requirements shall apply to the chronic numeric criterion for selenium (5ug/1): 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/1 and manganese: 5 mg/1.7.2.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 River7.2.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/1, Daily Maximum, Temperature 100 degree F (monitored per Footnote 12 of the permit); Iron 4.0 mg/1, monthly average and 8.0 mg/1 Daily Maximum (monitored per Footnote 12 of the permit). Weirton Steel Corporation shall continue to submit to the Office of Water Resources of West Virginia Department of Environmental Protection, on an annual basis summary reports on the water quality of the discharge from Outlet 004 and the efforts made by Weirton Steel Corporation during the previous year to improve the quality of the discharge. These exceptions shall be in effect until action by the Environmental Quality Board to revise the exceptions or until July 1, 2007, 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 Stem7.2.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.19.3. Except that in Ward Hollow of Davis Creek, the following site-specific numeric criterion for chloride shall apply for Category A and Category B1 (chronic aquatic life protection): 310,000 ug/1.;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 38°C (100°F) nor a monthly average temperature to exceed 34°C. 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.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)