Almost a year and a half ago EPA released its proposed rule for new Water Quality Standards (click here for the announcement).  The comment period for the proposed rule closed in January 2014 and last month (January 2015) EPA finally sent the final rule to OMB for regulatory review.  We anticipate that the rule will be final in May of this year unless there is a delay in promulgating the rule.

The rule as it was proposed would significantly restrict Kentucky’s flexibility in designating uses and protecting those uses.  The proposed rule dictates detailed and time consuming procedures and standards for establishing and implementing water quality standards programs through the NPDES and Section 401 water quality certification programs.  The new proposals, if adopted, will almost certainly be used by EPA to force changes in existing state water quality standards where EPA finds the programs do not live up to EPA’s policy choices for protecting the use and value of state waters.  These concerns are especially real as Kentucky commences its Triennial Review this spring (mid-April).