Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-22-4 - State Agencies and Responsibilities4.1. General. Whenever possible, existing authorities will be utilized and enhanced where necessary to provide for the establishment of water quality standards, monitoring protocols and procedures including quality assessment and development of management plans. 4.1.a. W. Va. Code '20-12-1 et seq. designates the Department of Environmental Protection as the state lead department for groundwater. The Department of Agriculture is specifically authorized to be the groundwater regulatory department for the use or application of pesticides and fertilizers. Other agencies specifically designated to regulate groundwater are the division of energy and the division of health. If the authority to regulate facilities or activities which may adversely impact groundwater is not otherwise assigned, the division of natural resources is authorized as the regulatory department for unassigned facilities or activities. As appropriate, the Department of Environmental Protection shall cooperate with the Department of Agriculture, Division of Energy, and Division of Health. .4.2. Water Quality and Health-based Standards4.2.a. The Water Resources Board shall set numerical health-based standards for pesticides and fertilizers in ground water, based on the best available scientific data. Federal Maximum Contaminant Levels (MCL) as promulgated under the Safe Drinking Water Act, or a National Primary Drinking Water Regulation will be used when possible.4.2.b. In the absence of a regulatory standard promulgated by the Water Resources Board, the Commissioner will utilize established EPA Health Advisory Levels or other non-promulgated federal numerical values based on health evaluations. The use of these non-regulatory health based standards will be used for guidance in determining program direction.4.3. Monitoring Studies 4.3.a. The Department of Agriculture in cooperation with the Department of Environmental Protection, Office of Water Resources will be responsible for designing and carrying out groundwater monitoring studies with respect to pesticides and fertilizers. The department will also determine sensitive areas in cooperation from the State Geological Survey, the U. S. Geological Survey and the Soil Conservation Service.4.3.b. The State Health Department is responsible for implementing pesticide monitoring under the National Primary Drinking Water Regulations.4.4. Regulation of Pesticides and Fertilizers 4.4.a. The Department of Agriculture registers all pesticides distributed in the state and may restrict the use of a pesticide if restrictions are required to prevent unreasonable risk to health or the environment. The department is responsible for regulating the use, distribution, transportation, storage, and disposal of pesticides to ensure compliance with statute and regulations and for documenting use violations under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The department is also responsible for licensing pesticide dealers and for certifying commercial and private pesticide applicators who use restricted use pesticides. The department investigates complaints of suspected pesticide misuse and conducts routine inspections of pesticides used in the state.4.4.b. The department will compile a list of chemicals of concern, based on monitoring data and/or scientific evaluation of up-to-date computer modeling techniques. When monitoring data or proven models indicate that health-based standards are exceeded or may be exceeded in the future, based on a trend approach, the department will develop a chemical-specific management plan utilizing preventative Best Management Practices in areas of the state deemed sensitive to contamination by the chemical.4.4.c. The current fertilizer law specifies that all fertilizers (not including unmanipulated manures) be registered, labeled and a tonnage fee paid. The enforcement program revolves around sampling the product and comparing the results with the guarantee on the label. There are no provisions for use, application rates, or groundwater protection.4.4.d. The Groundwater Protection Act gives the West Virginia Department of Agriculture the authority to regulate the application and use of pesticides and fertilizers. In addition the Department has the authority to:4.4.d.A. engage the voluntary cooperation of all persons in the maintenance and protection of groundwater;4.4.d.B. advise, consult and cooperate with all persons, all agencies of this state, universities and colleges, the federal government and other states in the furtherance of protecting groundwater;4.4.d.C. receive and spend funds to further this end;4.4.d.D. encourage the formation and execution of plans to maintain and protect groundwater by cooperative groups or associations who are impacting on the maintenance and protection of groundwater;4.4.d.E. encourage, participate in or conduct or cause to be conducted studies of groundwater quality and the impact of fertilizers and pesticides;4.4.d.F. make reports and recommendations;4.4.d.G. conduct sampling, data collection, analyses and evaluation with sufficient frequency so as to ascertain the characteristics and quality of groundwater, and the sufficiency of the groundwater protection programs established; and4.4.d.H. develop public education and promotion of groundwater protection programs.4.5. The State Agricultural Experiment Station will to the extent feasible, conduct studies to determine the fate and transport of pesticides and fertilizers through soils to ground- water under varying conditions across the state. Best Management Practices specific to chemicals and sensitive areas will be developed to reduce groundwater contamination risk. State scientists will cooperate with scientists in other agencies when appropriate. The Experiment Station will also investigate ground water remediation techniques to address previously contaminated water.4.6. The State Agricultural Extension Service will carry out educational activities to improve the efficiency of pesticide and fertilizer use and promote the adoption of Best Management Practices to reduce groundwater contamination. Information generated by research at the State Agricultural Experiment Station and elsewhere will be extended to agriculturalists and the general public. Staff will provide training in these areas and address inquiries. Cooperative educational programs will be carried out with other appropriate state and federal agencies including the State Agricultural Experiment Station, State Department of Environmental Protection, U. S. Soil Conservation Service (SCS), Agricultural Stabilization and Conservation Service (ASCS), U. S. Environmental Protection Agency (EPA) and the U.S. Geological Survey (USGS).