Monthly Archives: July 2016

EPA Releases National Chronic Aquatic Life Water Quality Criterion for Selenium – But Environmental Groups are Unsatisfied

Selenium discharges from coal mines in West Virginia and other states have been the subject of contentious and expensive litigation, regulatory enforcement and EPA permit objections for over a decade, including stringent effluent limitations in NPDES permits and agency- or judicially-mandated construction of sometimes multi-million-dollar selenium treatment systems.1  The basis for the water quality criteria… Read More »

West Virginia Department of Environmental Protection 2016 Rules Update

In an unusual turn of events, the West Virginia Department of Environmental Protection’s (“WVDEP”) rules package for the 2016 legislative session did not gain legislative approval during the 2016 regular session.  Instead, the rules were added to the Governor’s call for the special session held earlier this month. During the special session, the issue that… Read More »

EPA Approves West Virginia’s Revised Selenium Water Quality Criteria

Over ten years after the first coal NPDES permit in West Virginia included a selenium condition, over ten years after the United States Environmental Protection Agency (“EPA”) first proposed to revise its recommended aquatic life criteria for selenium, after years of litigation challenging permits for including – or not including – selenium effluent limitations, and… Read More »