Justice signs into law environmental rules package that includes weakening of some water quality standards - Charleston Gazette-Mail
West Virginia Gov. Jim Justice has signed into a law a package of environmental rules that include a weakening of some water quality standards for probable carcinogens in line with federal recommendations.
The rules bundle also includes surrender of state legislators’ power to review site-specific revisions to human health criteria and a request to the U.S. Environmental Protection Agency for primary enforcement authority over wells used for underground storage of carbon dioxide.
The Senate approved the package in a 26-8 vote on Jan. 31.
The bill is effective from passage.
One of the rules quickens the public review process for evaluating future adjustments to water toxin levels deemed acceptable, drawing the ire of water quality advocates.
The rule eliminates the state Legislative Rule-Making Review Committee in the review process for site-specific revisions to human health criteria.
Permit limits based on revisions to human health criteria made under the new rule will remain subject to a 45-day public comment period and EPA review under the rule.
DEP Deputy Secretary Scott Mandirola said the rule change was designed to cut down on the length of time it takes for changes to site-specific permits.
The rule strengthens water quality standards for most of the water quality criteria it includes updates for. But it weakens standards for benzo[k]fluoranthene (a suspected human carcinogen found in coal tar and coal and oil combustion emissions), DDT (a possible human carcinogen and insecticide banned in the U.S. in 1972 whose chemicals persist for a long time in the environment and animal tissues), chrysene (a suspected human carcinogen and kind of hydrocarbon found in coal tar), gamma-Hexachlorocyclohexane (an insecticide whose technical-grade production was banned in 1976) and methyl bromide (a highly toxic fumigant and pesticide).
Mandirola defended the rule, saying the rule change will preserve an estimated risk level of one additional cancer case per 1 million from the probably carcinogenic human health criteria.
The rule specifies that bioaccumulation factors may be evaluated on a case-by-case basis as part of the water pollution control permitting process or by petition to the DEP.
Bioaccumulation is the increase of pollutant concentrations in aquatic organisms and was a factor incorporated by the EPA into its 2015 updates of nationally recommended criteria.
The EPA provides recommendations for human health criteria for states to consider when adopting criteria into their water quality standards.
An updated fish consumption rate, body weight and drinking water intake are other factors the EPA considered in its 2015 updates.
The EPA allows states to modify its criteria to reflect site-specific conditions or adopt different criteria based on other scientifically defensible methods, subject to agency review.
Mandirola said the rule change proposal resulted from a compromise between industry representatives and environmentalist members of a work group that considered human health criteria updates.
The West Virginia Rivers Coalition has objected to weakening any water quality standards, arguing that there is no need to weaken water quality standards given current industry compliance and high state cancer rates. The group has also argued that the rule change would reduce public transparency and participation by eliminating legislative review.
West Virginia had the third-highest cancer mortality rate among all states in 2017, according to the National Center for Health Statistics.
The rules package also includes a proposal for the DEP to assume primary enforcement authority, or primacy, from the EPA over wells used to sequester carbon dioxide underground. Without primacy, prospective carbon storage operators would have to go to the EPA for permit approval voiding a proposed state regulatory program for underground carbon dioxide storage under consideration in the Legislature.
Mike Tony covers energy and the environment. He can be reached at 304-348-1236 or [email protected]. Follow @Mike__Tony on Twitter.
source: https://www.wvgazettemail.com/news/legislative_session/justice-signs-into-law-environmental-rules-package-that-includes-weakening-of-some-water-quality-standards/article_28b36504-1e6b-5d57-9cd8-a17ced8fdb92.html
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