DOW Seeks Comment On Draft Amendments to Kentucky Water Quality Standards

Every three years, the Kentucky Division of Water conducts a comprehensive review of the Water Quality Standards as required by the Clean Water Act Section 303(c) and 40 CFR Section 131:20. This triennial review helps to keep the pollution limits for Kentucky’s waters up to date by integrating the latest science, technology, policy and federal requirements into how the state regulates water quality.

The Division of Water is proposing to amend the following administrative regulations as part of the 2012 triennial review. 401 KAR 10:001 Definitions for 401 KAR Chapter 10 401 KAR 10:026 Designation of uses of surface water 401 KAR 10:030 Antidegradation policy implementation methodology 401 KAR 10:031 Surface water standards The Kentucky Division of Water filed these proposed amended administrative regulations with the Legislative Research Commission (LRC) on Aug. 15, 2012. The Division of Water posts all regulations and amendments that are filed with LRC on its website. Filed regulations are also posted on the LRC’s website.

The public hearing for these proposed administrative regulations is scheduled for Sept. 27, 2012, at 300 Fair Oaks Lane, Room 301D, in Frankfort, Kentucky. Individuals are encouraged to submit written comments regarding these regulations. The comment period ends Oct. 1, 2012. Written comments should be sent to:

Peter Goodmann, Assistant Director Division of Water 200 Fair Oaks Lane Frankfort, KY 40601 or by email to: Peter.Goodmann@ky.gov

Proposed Amendments:

401 KAR 10:001 — The division is proposing one amendment: the definition for “eutrophication.”

401 KAR 10:026 — The division is proposing to amend this chapter by updating Table B with current NHD stream mile points that identify the locations of water withdrawal and where the criteria for domestic water supply designated uses are implemented. There are 27 new Outstanding State Resource Waters (OSRWs) proposed. This includes 11 streams or segments of streams that automatically qualify as OSRWs because they serve as habitat for federally listed threatened or endangered species; one stream that automatically qualifies as OSRW because it is within a registered natural area in accordance with 400 KAR 2:080; and 15 streams or segments that quality under permissible consideration in Section 8(1)(b)2. Those 15 streams or segments occur in relatively undisturbed watersheds and contain outstanding water quality characteristics. A correction to an OSRW segment of the West Fork Red River is proposed to appropriately delineate the CAH and OSRW segments. There are 17 waterbodies in 401 KAR 10:026 Table C that have administrative edits that do not change designated uses, but primarily update stream segment mile points to reflect the most recent information contained in the current USGS National Hydrography Dataset (NHD), 1:24,000 scale.

401 KAR 10:029 — The division is not proposing to amend this chapter but is noticing this regulation to receive public review and comment as obligated under Clean Water Act Section 303(c) and 40 CFR Section 131.20.

401 KAR 10:030 — The division is proposing to add 16 streams or stream segments as exceptional waterbodies in Table 2. Updates are made to 19 streams or stream segments in Table 1 and Table 2 for segment mile point reconciliation corresponding to current NHD version updates, or for other administrative purposes. Additionally, the division is proposing to amend Section 1 to clarify that an OSRW shall not be categorized as impaired water for the purpose of antidegradation review.

The Kentucky Chamber of Commerce welcomes your feedback on the proposed changes. Please send any feedback and concerns to charpole@kychamber.com.