Kentucky completed its triennial review of water quality standards regulations in September 2004 with approval of the regulations by the Agriculture and Natural Resources Committee. The primary focus of this triennial review was to address the U.S. Environmental Protection Agency's (EPA) outstanding disapproval of a part of the antidegradation regulation 401 KAR 5:030. This was done by creating a new category of "high quality" to which waters default if they are not "outstanding national resource," "exceptional" or "impaired" waters. Other changes included the addition of 146 exceptional waters, updates to numerous criteria for the various designated uses based on EPA's most recent publication of recommended criteria in the Federal Register and strengthening of the mixing zone provisions.

EPA approved all the regulations (401 KAR 5:002; 5:026; 5:029; and 5:031) in December 2004 and the antidegradation regulation (5:030) in April 2005. Environmentalists filed a lawsuit against EPA, and that case is still being appealed in the Sixth District Federal Court.

The next triennial review has begun and will be devoted primarily to two major issues: (1) nutrient criteria for wadeable streams and intrastate reservoirs and (2) a tiered aquatic life use system. Also under review will be the necessity for any changes for wet weather standards for contact recreation use and consideration of candidates for additional outstanding national resource and exceptional waters. Other changes anticipated to be made include updates to water quality criteria based on EPA's most recently published recommended criteria and simplification of waters listed in 5:026 to include only waters with nondefault uses of outstanding state resource waters and cold water aquatic habitat or those with surface water intakes.

The regulations can be found on the Legislative Research Commission Web site at www.lrc.ky.gov/kar/title401.htm