Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-6-7 - Site-Specific Numeric Criteria Requested Pursuant to 46 CSR 1, section 8.47.1. Circumstances allowing a site-specific numeric criterion. A site-specific numeric criterion may be established for a stream or stream segment upon a demonstration that the existing numeric criterion in 46 CSR 1, Appendix E, is 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 by the Board 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. Applicants for site-specific numeric criteria must contact the Board to receive approval for the use of any plan for a Water Effect Ratio, Recalculation Procedure or any other method for developing a site-specific numeric criterion, prior to carrying out any provisions of such plan.7.2. Application. Any person seeking a site specific numeric criterion may submit to the Board an application which includes the information outlined in section 3.1 a-i of this rule, as well as the following information:a. the existing numeric water quality criterion which applies to the stream and the alternative numeric criterion desired by the applicant;b. The results of a Water Effect Ratio study conducted pursuant to the procedures outlined in the February 1994 version of EPA's "Interim Guidance on the Determination and Use of Water-Effect Ratios for Metals" (or any subsequent version of that guidance in effect at the time of the proposal) or any other method for which the applicant has obtained prior approval from the Board including USEPAs Recalculation Procedure; andc. An explanation of how the results of the Water Effect Ratio study demonstrate that the alternative numeric water quality criterion proposed by the applicant is warranted.7.4. Amendment of 46 CSR 1. If upon review of the application and consultation with the Chief pursuant to section 3.2 herein, the Board determines that a site-specific numeric criterion is warranted, the Board shall propose the site-specific numeric criterion as an amendment to 46 CSR 1, Requirements Governing Water Quality Standards. In doing so, the Board shall follow all of the requirements for legislative rulemaking outlined in W. Va. Code '29A-3-1 and in sections 2 and 3.3 of this rule.