Triennial review required under provisions of Clean Water Act
In accordance with the Clean Water Act (CWA), Congress gave states the responsibility to establish objectives or goals for managing, maintaining, and enhancing water quality. This responsibility is commonly referred to as state water quality standards (WQS). States are required to perform periodic reviews of state water quality standards, known as a Triennial Review, and hold a public hearing every three years pursuant to Section 303(c)(1) of the CWA.
The Kentucky Division of Water (DOW) hereby gives notice of its intent to conduct three public listening sessions to satisfy the requirements of Section 303(c)(1) of the CWA. These listening sessions will assist the agency in determining what revisions, if any, may be appropriate in this Triennial Review of Kentucky’s WQS.
Depending upon the outcome of these 2015 Triennial Review public listening sessions, the DOW tentatively anticipates pursuing any proposed changes through the public hearing and regulatory process pursuant to KRS 13A in the fall 2015.
The Division of Water invites comments from interested parties and members of the public regarding any WQS that the Division should consider for potential revision. Comments should include the topic, whether the topic is already covered by the WQS, and any suggested revision and basis of support for the suggested revision. Any technical or scientific information, reports, or data should be included.
A brief overview of Kentucky’s water quality standards and those topics the Division is currently considering for revision will be provided at the beginning of each listening session. Following that brief overview, the agency will receive comments on topics and issues of interest from interested parties until the end of each listening session. The Division of Water encourages those providing verbal comments to also provide a written copy of their suggestions.
Tuesday, May 12, 2015 6 – 8 p.m. CST
Warren County Public Library
Bob Kirby Branch
175 Iron Skillet Court
Bowling Green, KY 42104
Thursday, May 21, 2015 6 – 8 p.m. EST
Cumberland Valley Administrative Development District
342 Old Whitley Road
London, KY 40743
Thursday, May 28, 2015 6 – 8 p.m. EST
Department of Environmental Protection
300 Fair Oaks Lane, Room 301D
Frankfort, KY 40201
Written comments will be accepted until June 1, 2015 at 4:00 p.m. EST, by mail to: Carole J. Catalfo, Division of Water, 200 Fair Oaks Lane, 4th Floor, Frankfort, KY 40601. Comments may also be emailed to Water@ky.gov. Please add “2015 Kentucky Triennial Review” to the subject line.
As stated previously, the Division will pursue any final proposed changes as a result of the 2015 Triennial Review through the regulatory notice and adoption process as provided by Kentucky Revised Statutes Chapter 13A. For reference, the existing Kentucky WQS regulations may be obtained by accessing the following website links:
401 KAR 10:001- Definitions for 401 KAR Chapter 10
401 KAR 10:026 – Designated Uses of Surface Waters
401 KAR 10:029. General Provisions –
401 KAR 10:030. Antidegradation Policy Implementation Methodology
401 KAR 10:031. Surface Water Standards