Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 10 - Water Quality Standards › Section 401 KAR 10:030 - Antidegradation policy implementation methodology

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 146.200 - 146.360,
				146.410 - 146.535, 146.550 - 146.570, 146.600 -146.619, 146.990, 176.430,
				224.1-010, 224.1-400, 224.16-050, 224.16-070, 224.70-100 -224.70-140,
				224.71-100 - 224.71-145, 224.73-100 - 224.73-120,
				30 U.S.C.
				1201-1328
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to develop
				and conduct a comprehensive program for the management of water resources and
				to provide for the prevention, abatement, and control of all water pollution.
				KRS
				224.70-100 authorizes the policy of the
				commonwealth to conserve its waters for legitimate uses, safeguard from
				pollution the uncontaminated waters of the commonwealth, prevent the creation
				of any new pollution in the waters of the commonwealth, and abate any existing
				pollution. This administrative regulation and
				401 KAR
				10:001,
				401 KAR
				10:026,
				401 KAR
				10:029, and
				401 KAR
				10:031 establish procedures to protect the surface
				waters of the Commonwealth, and thus protect water resources. This
				administrative regulation establishes a methodology to implement the
				antidegradation policy contained in
				401 KAR 10:029
				by establishing procedures to control water pollution in waters affected by
				that policy.
Section 1. Categorization
			 and Implementation. The antidegradation procedures established in this
			 administrative regulation shall not preempt the power or authority of a local
			 government to provide by ordinance for a higher level of protection through
			 antidegradation implementation for a discharger located within that local
			 government's jurisdiction to a surface water of the commonwealth. The
			 procedures established in this section shall govern implementation of the
			 antidegradation policy of
			 401 KAR
			 10:029, Section 1, for a point source discharge.
			 Surface waters shall be placed into one (1) of four (4) categories listed in
			 this section and each category shall have a corresponding implementation
			 procedure.
(1) Outstanding national resource
			 water. Surface waters of the commonwealth categorized as outstanding national
			 resource waters are listed in Table 1 of this subsection.
Table 1 SURFACE WATERS CATEGORIZED AS
							 OUTSTANDING NATIONAL RESOURCE WATER (ONRW)
Waterbody and Receiving Water
Boundary Description
Latitude, Longitude (Downstream/ Upstream; Decimal
							 Degrees)
County
Big South Fork Cumberland River of Lake Cumberland
							 (Cumberland River)
Wild River Boundary at Blue Heron to Tennessee State
							 Line
36.66769, -84.54570/ 36.59880, -84.60518
McCreary
Marsh Creek of Cumberland River
Mouth to Laurel Creek
36.77776, -84.34903/ 36.73182, -84.37118
McCreary
Marsh Creek of Cumberland River*
Laurel Creek to Ford Crossing at CR-1060 East Kidd
							 School Road and CR-1110 Kidd School Road
36.73182, -84.37118/ 36.69964, -84.34471
McCreary
Red River of Kentucky River
School House Branch to KY-746
37.84422, -83.67583/ 37.79871, -83.48947
Menifee, Powell, Wolfe
Reelfoot Lake
Surface Waters Within the National Wildlife Refuge
							 Proclamation Boundary in Kentucky
Not Applicable
Fulton
Rock Creek of Big South Fork Cumberland River*
CR-1236 Rock Creek Road to Tennessee State
							 Line
36.70306, -84.59619/ 36.60241, -84.73999
McCreary
Rockcastle River of Lake Cumberland
Lower End of The Narrows (0.25 River Miles Upstream
							 of Cane Creek) to KY-1956 Billows Road
37.03017, -84.30832/ 37.17136, -84.29679
Laurel, Pulaski, Rockcastle
Underground River System
Within Mammoth Cave National Park
Not Applicable
Edmonson, Hart, Barren
War Fork of Station Camp Creek
Basin Including all Tributaries from Mouth to to
							 Steer Fork
37.53264, -83.90929/ 37.45467, -83.92699
Jackson
*Waterbodies in the cabinet's reference reach
							 network.
(a)
			 Categorization criteria. A surface water shall be categorized as an outstanding
			 national resource water if:
1. The surface
			 water meets, at a minimum, the requirements for an outstanding state resource
			 water as provided in
			 401 KAR
			 10:031, Section 8; and
2. The surface water demonstrates national
			 ecological or recreational significance.