West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-05 - Antidegradation Implementation Procedures › Section 60-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" or
				"agencies" means the Department of Environmental Protection or other federal,
				state, or local governmental entities with regulatory authority over activities
				that may affect water quality.
2.2.
				"Ambient concentration" means that measured value or level of water quality
				downstream of the proposed or existing activity (discharge point for point
				source, runoff area for nonpoint source) for any parameter of concern
				determined through EPA-approved, collection and analytical methods in 40 CFR
				136 or other methods accepted by the Secretary.
2.3. "Ambient water quality conditions"
				(AWQC) means those physical, chemical, biological and radiological conditions
				of the receiving waters of the state existing at the time of review of a
				regulated entity.
2.4. "Baseline
				water quality" means that ambient concentration established at the time of an
				initial antidegradation review for a stream or stream segment or any other
				water(s) of the state.
2.5. "Board"
				or "EQB" means the West Virginia Environmental Quality Board.
2.6. "Minimum uses" means recreation and
				wildlife and the propagation and maintenance of fish and other aquatic
				life.
2.7. "Parameter of concern"
				means any parameter for which numeric water quality criteria have been adopted
				in 47CSR2 and any other parameter for which numeric criteria are not
				established but where the discharge of such parameter has a reasonable
				potential to either cause or contribute to a violation of the narrative
				criteria outlined under 47CSR2, section 3.
2.8. "Reasonable less-degrading or
				non-degrading alternatives" shall be identified based on case specific
				information. In most cases, less-degrading or non-degrading pollution control
				alternatives shall be considered reasonable where the costs of such
				alternatives are less than 110% of the costs of the pollution control measures
				associated with the proposed activity.
2.9 "Regulated entity" means any regulated
				entity that affects or is proposing an activity that will affect water quality.
				For example, an applicant for a WV/NPDES permit, a WV/NPDES permit holder, or
				an owner or operator of an activity that discharges pollutants into a water of
				the state would be a regulated entity.
2.10. "Secretary" means the Secretary of the
				Department of Environmental Protection or its successor.
2.11. "Trading" means establishing upstream
				controls for a parameter of concern to compensate for new or increased
				downstream sources for the same parameter resulting in improved water quality
				for the parameter traded. More than one parameter of concern may be traded on a
				given stream. Trading may involve point sources, nonpoint sources or a
				combination of point and nonpoint sources. Unused permitted capacity cannot be
				traded.
2.12. "Trading assessment
				procedure" means methodologies to be used by the Secretary to document the
				basis for any trade and include Total Maximum Daily Load Procedures (
				40
				CFR 130.2(i) ), wasteload
				allocation procedures outlined in EPA's Technical Support Document for Water
				Quality-based Toxics Control (EPA/505/2-90-001 PB91-127415, March 1991),
				wasteload allocation methodologies outlined in EPA's Draft Framework for
				Watershed-Based Trading (EPA/800-R-96-001, May 1996) or other EPA approved
				wasteload allocation methodologies as long as these methodologies are
				consistent with the trading provisions of this rule.