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Regulating Selenium in Discharges

Regulating Selenium in Discharges. Kenneth Politan Division of Mining & Reclamation. In the Beginning…. West Virginia promulgated selenium water quality criteria in 1965. Bragg v. Robertson, Civ. No. 2:98-0636. Settlement – Programmatic EIS. Technical studies – water quality monitoring. .

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Regulating Selenium in Discharges

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  1. Regulating Selenium in Discharges Kenneth Politan Division of Mining & Reclamation

  2. In the Beginning…. • West Virginia promulgated selenium water quality criteria in 1965. • Bragg v. Robertson, Civ. No. 2:98-0636. • Settlement – Programmatic EIS. • Technical studies – water quality monitoring.

  3. Reaction • NPDES reissuance applications • Streams placed on 303(d) list • Selenium TMDL completed • Notice of intent to sue (NOI) • Civil action filed

  4. Selenium Water Quality Criteria in West Virginia • 1965 – Total Se 10 ug/l all uses • 1986 – Total Se 10 ug/l human health Selenite 35 ug/l aquatic life • 1990 – Total Se 10 ug/l human health Total Se 5 ug/l aquatic life • 1996 – Total Se 10 ug/l human health Total Se 20 ug/l acute Total Se 5 ug/l chronic

  5. Selenium – General Issues • Selenium NPDES permits. • 123 permits have selenium limits. • 33 permits have selenium limits in effect. • 90 permits issued compliance orders. • Approved methods. • Reporting in proper units. • Reasonable potential (RP).

  6. Regulating Selenium in Permits • Reasonable potential. • Coal seams in the Upper Kanawha formation. • Streams with completed selenium TMDL. • Streams on the 303(d) list for selenium. • Reissuance Table 2-IV-C analyses.

  7. Regulating Selenium in Permits New and expanded • Limits effective upon discharge. • Surface mines - material handling plan. Reissuance • Surface mines may be modified to include material handling plan. • Compliance schedule with interim requirements.

  8. Selenium Compliance Orders Interim requirements • Meeting with regional staff. • Surface mines - material handling plan. • Treatment plan. • Commence construction. Final requirements • Complete construction - meet limits.

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