KRC has cautioned the state against a reading of the poorly-worded Senate Joint Resolution that would end the vehicle testing program before EPA has reviewed and approved the end of the program, since such a reading would conflict with federal law.

KRC has also called for full disclosure to the public and legislative delegation of the costs of reduction in ozone precursors from vehicle testing and from other replacement measures, including on whom the costs will fall, since such information is essential to selection of replacement emissions. Finally, KRC has suggested that in the event that the agency cannot satisfy the General Assembly’s direction with respect to the 1-hour standard without interfering with progress towards attainment of the 8-hour standard, Section 5 of SJR 3 trumps Section 1 of the Act and demands that the program be maintained as a component of the 1-hour maintenance plan and a potential 8-hour standard control measure. Any replacement emissions reductions must be real, permanent, surplus and enforceable in order to be approved by EPA, and in northern Kentucky finding such equivalent emissions reductions will be difficult at best.

To read KRC's comments, click here.

KRC has submitted comments calling on the agency to improve the 1995 regulations by including numerous reasonable reforms, including replacement of water supplies damaged by mining; pre-blast surveys and blasting plans; a prohibition on nighttime blasting; dust control plans; transportation plans, and public notice of amendments to permits. To read KRC's comments click here. To send a letter in support of KRC's comments, e-mail a letter to Jim.Villines@ky.gov

To read KRC's comments, click here.

KRC submitted comments on the Groundwater Assessment Report and on the horizontal expansion, seeking additional groundwater monitoring and other permit conditions. In response, the Division added a new permit condition to assure that the groundwater pump and treat system is monitored to assure proper functioning and that a revised plan be submitted in a time certain if the facility fails to maintain an inward gradient to prevent leachate migration from the site. The state also modified the permit to specifically require monitoring for dioxins and furans; a requirement previously imposed on the facility as part of an agreement by which hazardous wastes inadvertently received from generators were allowed to remain in the landfill.

To read KRC's comments, click here.

Click here for the report

KRC had also requested that the Cabinet consult with the US Fish and Wildlife Service and Kentucky Department of Fish and Wildlife Resources to determine whether and under what conditions the operation can go forward without causing adverse effects on federally protected terrestrial and aquatic species; and that a years' worth of baseline hydrologic data be collected.

The permit denial was based on the failure of the applicant to correct deficiencies in the application noted by the agency on September 25, 2003, so there is a possibility that an application could be resubmitted in the future. For now, however, the potential for adverse impacts from the proposed operation has been removed.

To read KRC's comments on the application, click here.

EPA has proposed to adopt a federal rule for Kentucky because of Kentucky's failure to produce an acceptably protective rule, yet has failed to finalize the federal rule within the time frame required by Congress.

The full text of the notice can be read by clicking here.

The written text of KRC's presentation can be read by clicking here.

For more information and to register contact Teresa Witt at teresa.witt@fhwa.dot.go A free workshop on erosion protection and sediment control, cosponsored by the Divisions of Water and Conservation and hosted by the Federal Highway Administration, will be held on January 8, 2004 from 8:15 until 4 p.m. at the Kentucky Transportation Cabinet State Office Building, 501 High Street, Frankfort. The workshop is designed for anyone with an interest in reducing erosion and sediment loss from construction sites, and will include classroom and field time.

For more information and to register contact Teresa Witt at teresa.witt@fhwa.dot.gov

The Siting Board decision conditionally granted the construction certificate to Kentucky Pioneer on the promise that it would seeking local zoning approval at a later time. The appeal challenges that action, since the statute clearly contemplates that zoning approval would be obtained before, and not after, state siting board approval. To read the Complaint and Petition for Review, click here.

Prior to expanding the exemption, KRC has asked the Division of Water to describe how the review under the Division of Plumbing regulations results in comparable assurance that new sewer line extensions will not result in leakage or in infiltration into sewer lines of groundwater and stormwater. KRC has also recommended that a Memorandum of Understanding be executed between the Division of Water and Division of Plumbing, to assure that the implementation of the Plumbing standards by that division provides protections comparable to 401 KAR 5:005; to establish reporting and accountability mechanisms between the agencies; and to provide for appropriate referrals to the Division of Water if the Division of Plumbing lacks the administrative enforcement capability comparable to the Division of Water.

To read the KRC comments, click here.

KRC's comments include measures to better control open burning of wastes and site debris, including banning trash burning where collection services are available; capping the time period during which an open burn for site clearing can occur, and requiring that the combustion efficiency be maintained to prevent smoldering; requiring that visible fugitive emissions from open burning be prohibited beyond property boundaries; and incorporating a provision prohibiting any open burning that creates a nuisance condition. To read KRC's comments, click on the headline above.