This rule follows the parameters established in its federal counterpart regulation. Federal Counterpart Regulation: 40 CFR Part 122. In 2012 Senate Bill (SB) 615 (passed in 2012) and to clarify provision found at 47 CSR 30.3.4.a works just as effectively as those in non-coal permits and federal permits. It was discussed by the Legislature during its consideration of SB 615 to address a provision contained in the coal mining NPDES rule that has no parallel in federal regulations or West Virginia’s non-coal NPDES rule: The discharge or discharges covered by a WV/NPDES permit are to be of such quality so as not to cause violation of applicable water quality standards promulgated by 47CSR2 …
The other comments highlighted are related to 47-2 Requirements Governing Water Quality Standards and WVA. Code 22-11, West Virginia Pollution Control Act, on water quality criteria issues.
