Kentucky Water Quality Standards Listening Sessions- May 15,17 and 24Posted on April 5, 2018
Notice of Kentucky Water Quality Standards Listening Sessions Kentucky Division of Water
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.
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: