Water Policy Roundup!
Farm Bill
- Conservation compliance being tied to any government subsidy
- Conservation title programs being maintained at current funding levels
If either of these components fall through the cracks, it could result it significant changes to the farmlands in our country, and to the waterways that permeate those farmlands. As the situation develops further, keep tabs on our blog for information, and we’ll alert you to any action opportunities.
KWA and Partners Sue EPA
On March 14, KWA joined its Mississippi River Collaborative partners and filed suit against the Environmental Protection Agency for their failure to address a critical water pollution problem that the EPA has acknowledged for decades.
The two legal actions were targeted specifically towards nutrient pollution from nitrogen and phosphorus, which can stimulate excessive growth of algae and result in depleted oxygen levels in aquatic ecosystems, choke marine life, and cause major ecological problems like the Gulf Dead Zone. In worst case scenarios, excessive nutrient pollution can cause toxic algae blooms and result in fish kills, death of livestock and pets, and damage to local drinking water supplies.
For the first action, we sued the EPA for denial of a 2008 petition to the EPA that asked them to establish quantifiable standards and clean up plans for Dead Zone-related pollution. The second suit seeks to compel the EPA to respond to a petition submitted in 2007 that requested that the EPA modernize its decades-old pollution standards for sewage treatment plants, to reflect the levels of nutrient pollution achievable with modern treatment technology. The Natural Resources Defense Council represents KWA and our partners in these two suits.
Kentucky alone contributes approximately 6.1 percent of the total nitrogen and 9 percent of total phosphorus to the Mississippi River. In addition, as of 2010, the Kentucky Division of Water reported 1,629 miles of streams impaired for nutrient-related pollutants.
Nutrients Reductions
As noted in our lawsuits, nutrient pollution is a significant water quality issue throughout the Mississippi River Basin. KWA has been tracking nutrient reduction programs in our state and region, so here’s a brief update on a few:
• Ohio River Sanitation Commission (ORSANCO) and Electric Power Research Institute’s (EPRI) Ohio River Basin Nutrient Trading Project. This is currently in the final draft phases, and plans are to begin pilot trades this year.
• Kentucky Division of Water’s Nutrient Reduction Strategy, a draft of which will be released within the coming months, and which includes participation in the Ohio River Basin Trading Project, the development of the Floyd’s Fork TMDL, other regulatory and voluntary mechanisms, and plans for the 2014 DOW Triennial Review
• The 2014 Triennial Review will tentatively include enhancement of the nutrient narrative in the state’s water quality standards, including numeric nutrient limits, as well as regional or watershed specific numeric targets
404/401 Commenting
As always, KWA has continued to fight for the health of our state waterways through the 404 and 401 permit public notice and commenting process. Through the last few months, we have submitted comments on several permit applications. This includes Corps of Engineers 404 permit applications for an outlet mall in Shelby County, a Kentucky Transportation Cabinet joint road building and coal mining project, and several other coal mining projects that proposed stream and wetland impacts as part of the mining hollow fills and sediment pond-building process. Check our website for more details on these comments, keep tabs on our blog, or contact us directly for more information!
KDOW Recertification of NWPs
As of March 19, the Division of Water finalized their decisions on the recertification of the Nationwide Permits (404s) through the state 401 General Water Quality Certification process. KWA met with the Division of Water and conveyed our thoughts on the certification, and many of you responded to our action alert and submitted comments online. Thanks for taking the time to advocate for sufficient protections for our waterways!




