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 (the “Division”) 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 2018 Triennial Review public listening sessions, the Division tentatively anticipates pursuing any proposed changes through the public hearing and regulatory process pursuant to KRS 13A in the fall 2018.
The Division invites comments from interested parties and members of the public regarding any WQS that it 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.
At the beginning of each listening session, the Division will provide a brief overview of Kentucky’s water quality standards and the topics the Division is currently considering for revision, including:
- Adopting EPA Aquatic Life Criteria for Ammonia (2012), Cadmium (2016), and Carbaryl (2012)
- Adopting the 2015 EPA Human Health Criteria for 94 pollutants modified for Inland South fish consumption rates
- Adopting EPA Primary Contact Recreation Criteria for E. coli
- Adopting Combined Sewer Overflow (CSO) wet weather provisions consistent with the EPA 1994 CSO Control Policy
- Allowing use of EPA 2007 Aquatic Life Copper Biotic Ligand Model for site specific copper criteria
- Designating fifty-two (52) new Outstanding State Resource Waters and establishing twenty-nine (29) new Exceptional waters
Following the brief overview, the Division will receive comments on topics and issues of interest from interested parties until the end of each listening session. The Division encourages those providing verbal comments to also provide a written copy of their suggestions.
Listening session dates, times, and locations:
Tuesday, May 15, 2018 Laurel County Public Library
6:00 p.m. Eastern Time Community Room
120 College Park Drive
London, KY 40741
Thursday, May 17, 2018 Energy & Environment Cabinet
6:00 p.m. Eastern Time 300 Sower Blvd., Training Room B
Frankfort, KY 40601
Thursday, May 24, 2018 Warren County Public Library
6:00 p.m. Central Time Bob Kirby Branch
175 Iron Skillet Court
Bowling Green, KY 42104
The Division will accept written comments until June 1, 2018 at 4:00 p.m. EDT, by U.S. Mail to:
Carole J. Catalfo
Internal Policy Analyst
Division of Water
300 Sower Blvd., 3NW 36WK
Frankfort, KY 40601
Or, by email to: firstname.lastname@example.org (Subject Line: “2018 Triennial Review”)
As stated previously, the Division will pursue any final proposed changes as a result of the 2018 Triennial Review through the regulatory process established in KRS Chapter 13A. For reference, the existing Kentucky WQS regulations may be accessed online at:
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