Comment on WVDEP's Biological Assessment Rule

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Comment on WVDEP's Biological Assessment Rule

Stream critters need your voice! WVDEP is accepting comments on a rule that weakens the analysis of the aquatic life found in a stream to assess whether the stream is meeting the state’s water quality standards.

This new method was developed by WVDEP in response to legislation the WV Coal Association lobbied to pass, including Senate Bill 687 in 2017.

Our water quality standards say that a stream must be able to support aquatic life. When this standard is applied, an assessment of the benthic macro invertebrates (aka stream bugs) is conducted. But the question is: How much life can be killed before action is taken to reduce pollution?

To be able to address pollution before it kills off stream life, the most precise measurement to assess stream life should be used. The WVDEP is proposing to use an outdated method. Since 2010, the EPA has recommended WVDEP adopt a more scientifically precise system called GLIMPSS. EPA has also opposed WVDEP putting certain streams in a “grey zone” category where compliance with water quality standards is not determined. This grey zone keeps streams from receiving the help they need to meet our water quality standards.

You can submit comments on the proposed rule through April 20.

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WVDEP

Subject: Comments on Biological Assessment Methodology - 47 CSR 2B

Message:

As a citizen concerned with the health of our streams in West Virginia, I submit the following comments on the Assessment Methodology for the Biological Component of the Narrative Criteria in Wadeable Streams: - The proposed impairment threshold of 61 is statistically and scientifically unsupportable. The attainment threshold is proposed to be a West Virginia Stream Condition Index (WVSCI) score of 72 (the same threshold used for both attainment and impairment in the 2014 303(d) list). This threshold was established using the 5th percentile of reference samples. The impairment threshold, however, was arbitrarily designated as 61 with no scientific justification. I urge DEP to use an impairment threshold that is based on sound science, not an arbitrarily selected number. - The rule’s reliance on a zone of uncertainty is a violation of the state’s responsibility under the Clean Water Act. The rule proposes scores between 61 and 72 are indeterminate and considered neither in attainment or impaired. Instead they are considered as having insufficient data. However, the streams do have sufficient data though the proposed rule does not acknowledge that data for what it is, an impairment. I disapprove of the use of a gray area between 61 and 72 as it results in failure of the state to list impaired waters according to the Clean Water Act and deprives certain streams of the attention they need to be fully restored and healthy. The rule must be specific and list values that determine all streams either meet the narrative criteria of supporting aquatic life or do not. - DEP’s method for assessing aquatic life is outdated. DEP continues to use WVSCI to assess aquatic life health in streams even though EPA has recommended using GLIMPSS as a better tool. Since 2010, EPA has instructed DEP to move to a genus-level methodology instead of WVSCI which only assesses macroinvertebrates to the family-level. I request DEP adopt EPA's recommended methodology as a more scientifically precise tool for assessing aquatic life in streams. - EPA provided WVDEP 4 specific recommendations following the proposed rulemaking in 2019; provide a technical support document, recommended against using a gray zone, use the value of 74.5 for a healthy stream, and account for seasonal and regional variations. The proposed rule, as written, does not incorporate any of EPA's recommendations. I urge WVDEP to include EPA's recommendations to satisfy federal regulations. Thank you for taking these comments into consideration.

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Comment on WVDEP's Biological Assessment Rule

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Comment on WVDEP's Biological Assessment Rule

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