Comment period opens on proposed antidegradation rule for Kentucky's streams.

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Comment period opens on proposed antidegradation rule for Kentucky's streams.  Posted: November 22, 2002
On May 19, 2001, KRC filed a "Notice Of Intent To Sue" the U.S. Environmental Protection Agency on behalf of Kentucky Waterways Alliance, the Cumberland Chapter of the Sierra Club, Kentuckians for the Commonwealth, Floyd's Fork Environmental Association and KRC, for the failure of EPA to publish a federal water quality standard for Kentucky to implement the Clean Water Act's "antidegradation policy." EPA had disapproved Kentucky's efforts to adopt an antidegradation policy in August 1997 and again in 2000 because the state regulation was underprotective of streams, rivers and lakes in Kentucky whose water quality exceeded the minimum necessary to support aquatic life and other uses. Yet EPA had failed in its mandatory duty to put in place a regulation for Kentucky that would protect the existing quality of these "Tier II" waters and demand the rigorous showing of necessity intended by the federal regulations prior to any discharge that would lower water quality.

In response to the Notice of Intent To Sue, EPA and representatives of each organization negotiated a timetable for EPA publication of a proposed water quality standard for Kentucky to implement the antidegradation policy.

EPA published that proposed rule on November 14, 2002. It can be read by going to and entering OW-2002-022 in the search box after you get to that page; or try Here. The organizations also negotiated an extended comment period, which closes on March 14, 2003. There will be a public hearing in Frankfort at the Capital Plaza Convention Complex on January 23, 2003 from 2-5 pm and 7-10 pm.

The organizations that served the Notice of Intent to Sue will be working in concert during the next month to develop comments on the proposed rule. You will receive further information as the rule is analyzed, and will be asked to send comments and to join us at the hearing in Frankfort on January 23 in support of a strong antidegradation policy. If you would like to be more actively involved in this issue, e-mail KRC at our return address and you will be notified of any meetings among the organizations.

To view the May 19, 2001 Notice of Intent To Sue, Click here.


By Kentucky Resources Council on 11/22/2002 5:32 PM
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