Public hearing set for Division of Water regulation amendments

IMG_0052A public hearing to receive comments regarding the Kentucky Division of Water’s (DOW) proposed amendments to Water Quality Standard regulations is scheduled for Thursday, Sept. 24, 2015 at 6 p.m. at the Department of Environmental Protection, Room 301D, 300 Fair Oaks Lane, Frankfort, KY 40601.

The DOW has proposed amendments to four Water Quality Standard regulations:  Designation of uses of surface waters (401 KAR 10:026), General provisions (401 KAR 10:029), Antidegradation policy implementation methodology (401 KAR 10:030), and Surface water standards (401 KAR 10:031).

DOW filed the proposed regulations with the Legislative Research Commission (LRC) on Aug. 10, 2015 and anticipates that the proposed regulations will be published in the Kentucky Administrative Register on Sept. 1, 2015.  After publication, the Administrative Register they will be available on the LRC Regulation website at The proposed regulations are available now on the DOW website at

For Kentucky to maintain its delegation authority of the NPDES permit program, the federal Clean Water Act requires that Kentucky review its water quality standards every three years (the “Triennial Review”) and comply with the programmatic requirements of 40 C.F.R. Part 131.

Amendments to Designation of Uses of Surface Waters (401 KAR 10:026) adjusts names and locations of surface water intakes to align the listed segments with the National Hydrological Data set and add 20 streams or stream segments to the list of Outstanding State Resource Waters.  Amendments to General Provisions (401 KAR 10:029) correct outdated references and bring language into compliance with current regulatory requirements. Amendments to Antidegradation Policy Implementation methodology correct stream segment identifications and add 12 additional streams or stream segments to the list of Exceptional Waters.  Amendments to Surface Water Standards (401 KAR 10:031) update criteria for selenium and pentachlorophenol, and sunsets a fecal coliform standard in favor of E. coli measurements which are a better indicator of water quality.

The DOW requests that affected individuals, businesses, or other entities submit written comments that identify the anticipated effects of the proposed administrative regulations.  Written comments will be accepted until the close of business on Sept. 30, 2015.  Send written comments to:  Carole Catalfo, Esq., Internal Policy Analyst, RPPS, Division of Water, 200 Fair Oaks Lane, 4th Floor, Frankfort, Kentucky 40601.

If the DOW does not receive any written requests for testimony at least five (5) days prior to the hearing, the hearing may be cancelled.

Notice of proposed changes to Kentucky Water Quality Standards