Author Archives: Richard L. Lewis

City of Huntington Creates Water Quality Board Combining Wastewater, Stormwater and Flood Wall Operations

Historically, the City of Huntington, West Virginia operated three municipal services related to management of the water quality and quantity in and around City proper under separately established municipal corporate organizations: 1) the Huntington Flood Wall Division, 2) the Huntington Storm Water Division and 3) the Huntington Sanitary Board. Each of these organizations were established… Read More »

EPA Proposes to Approve West Virginia’s Reasonable Progress Goals Report and Adequacy Determination for Regional Haze

On March 14, 2014, the USEPA published its proposed rule to approve a revision to the West Virginia State Implementation Plan (SIP), submitted by West Virginia DEP on April 30, 2013. States like West Virginia are required to submit a progress report in the form of a SIP revision every five years that evaluates progress… Read More »

Do You Need a Thermal Variance Under Section 316(a) of the Clean Water Act, Or a Thermal Mixing Zone?

The Federal Water Pollution Control Act and West Virginia’s state counterpart (West Virginia Water Pollution Control Act) regulate discharges of pollutants to water bodies from point sources.  Regulations are intended to include conditions and effluent limitations to require that any discharge of a pollutant does not cause a violation of “water quality standards.”  Most people… Read More »

West Virginia’s Source Water Protection Program – Will It Prevent Future Public Water Contamination Disasters?

The West Virginia American Water Company (WVAWC) water crisis of Thursday, January 9, 2014 resulted from the failure of an upstream chemical tank which contaminated the source water for WVAWC’s primary water treatment facility on the Elk River in Charleston, West Virginia.  The fact that a poorly maintained aboveground chemical storage tank even existed in… Read More »

West Virginia DEP seeks public comment to the draft Multi-Sector Storm Water Associated with Industrial Activity Permit Reissuance

On November 26, 2013 the West Virginia Department of Environmental Protection published the draft re-issuance of the Multi-Sector General WV/NPDES  Permit for Stormwater Associated with Industrial Activity Permit ( WV/NPDES Permit No. WV0111457).  This general permit covers multiple industrial activities, and it is proposed to be reissued for a five year term. State and Federal… Read More »

USEPA Revises Maximum Statutory Civil Penalty Amounts by Rule Promulgated November 6, 2013

The Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461, as amended by the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701) requires EPA to adjust its statutory civil penalties for inflation at least once every 4 years.  Prior to today, EPA last issued a final Civil Monetary Penalty Inflation Adjustment Rule… Read More »

USEPA’s New Criteria for Ammonia in Freshwater Streams

In August of 2013 US EPA published its national recommended ambient water quality criteria for the protection of aquatic life from the toxic effects of ammonia. See, 78 FR 163, August 22, 2013.  The 2013 criteria is the latest in a long history of US EPA ammonia water quality criteria recommendations that began as far… Read More »