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Kentucky Division of Water Reconsiders Draft KPDES General Permit for Stormwater Discharges Associated with Industrial Activity

01.28.2013

As reported in the September/October 2012 issue of the Environmental Letter, the Kentucky Division of Water (DOW) released a Draft General KPDES Permit for stormwater discharges associated with industrial activity for public comment on September 13, 2012.  The Draft Permit contained first-time effluent limitations for total suspended solids, oil and grease, and pH, and extensive non-numeric best management practices that would likely apply to the more than 1,000 existing industrial facilities in Kentucky that previously obtained coverage for stormwater discharges under the prior General Permit.  The Kentucky Chamber of Commerce and several other interest groups and companies submitted comments on the Draft General KPDES Permit to request that the Draft Permit be withdrawn in its entirety, revised, and reissued for a new public notice.  The provisions that caused the most concern were the first-time effluent limitations that would be established under the Draft Permit for TSS, oil and grease, and pH.

On January 3, 2013, DOW met with representatives of the various entities that submitted comments on the Draft Permit to review their concerns.  At the meeting, DOW indicated it would make substantial revisions to the Draft Permit and reissue it for public comment.  Of particular importance, DOW indicated it would remove the first-time numeric effluent limitations from the Draft Permit on the basis that a one-size-fits-all technology-based limit was not supportable at this time.

Future issues of the Environmental Letter will report on any revisions that are made to the Draft General KPDES Permit for stormwater associated with industrial activity.

To view a complete PDF of the November/December 2012 issue of the Environmental Letter, click HERE.

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