In this section:

Overview

Mission

Organization Structure and Local Offices

Key Contacts within the KNREPC

Useful Free Publications

The Division of Water

Floodplain Construction Permit

KPDES Permit for Storm Water Discharges

Storm Water Permitting for Construction Sites

The Division of Air Quality

Kentucky’s Environmental Release Reporting and Cleanup Law

Department for Environmental Protection’s Permit Coordination Process

Additional Information

Mailing List Application for Notices of Intent to Promulgate Regulations

Work Chart

Overview

The U.S. Environmental Protection Agency (EPA) is broken down into numerous divisions. This chapter will provide you with an overview of each of the main divisions in Kentucky, as well as key contact names and numbers to assist in finding the answers to your problems.

Mission

“To protect and preserve Kentucky’s land, air and water resources”

This is the mission of the Kentucky Natural Resources and Environmental Protection Cabinet (KNREPC).

This agency has many responsibilities. We have only provided a general overview of Kentucky’s main divisions that directly impact planning and our waterways—before and after construction.

Organizational Structure and Local Offices

Provided below is the Kentucky Natural Resources and Environmental Protection Cabinet organizational structure and Frankfort/Central offices. All phone numbers are 502 areas—unless otherwise designated.

Office of the Secretary 564-3350

Administrative Services 564-7320

Public Information and

Education Branch 564-5525

Office of Legal Services 564-5576

Office of Information Services 564-5174

Office of Administrative Hearings 564-7312

Dept. for Environmental Protection 564-2150

Commissioner 564-2150

Division of Water 564-3410

Division for Air Quality 573-3382

Division of Waste Management 564-6120

Division of Env. Services 564-6120

Dept. for Natural Resources 564-2184

Commissioner 564-2184

Division of Energy 800-282-0868

Division of Conservation 564-3080

Division of Forestry 564-4496

Dept. for Surface Mining

Reclamation and Enforcement 564-6940

Commissioner 564-6940

Division of Abandoned Mine Lands 564-2141

Division of Field Services 564-2340

Division of Permits 564-2320

Environmental Quality Commission 564-2150

Kentucky State Nature Preserves

Commission 573-2886

Kentucky River Authority 564-2866

Key Contacts within the KNREPC

For local and regional concerns, the appropriate NREPC regional office should be contacted. A list of key contacts, within the KNREPC, is provided below.

Abandoned Drums/Oil Tank	564-6716	Fish Kills	564-3410
Abandoned Mined Lands	564-2141	Fishing Advisories	564-3410
Abandoned Vehicle Recovery	564-6716	Flood Safety	564-3410
Above-ground Storage Tanks	564-5981	Floodplain Management	564-3410
Acid Rain	573-3382	Forest Conservation Act	564-4496
Agricultural District Program	564-3080	Forest Fires	564-4496
Agricultural Equip. Revolving Fund	564-3080	Forest Health	564-4496
Agriculture Water Quality Authority	564-3080	Forest Inventory	564-4496
Air Quality Permits	573-3382	Forest Resource Utilization	564-4496
Air Quality Permits	573-3382	Forest Products Council	564-4496
Air Releases (vapors, fumes, odors)	573-3382	Forest Stewardship	564-4496
Air Quality Index	800-AIR INKY	Forestry Education	564-4496
Air Quality Rep. for Small Business	564-2150	Freon	573-3382
Asbestos	573-3382	Geographic Information Systems	564-5174
Rest Management Practices: Agriculture Forestry	564-3080 564-4496	Groundwater Groundwater Protection Plans Hazardous Air Pollutants	564-3410 564-3410 573-3382
Bioassay	564-3410	Hazardous Waste	564-6716
Biodiversity	573-2886	Hazardous Waste Incinerators	564-6716
Blackwater Release	564-2340, 564-3410	Hearings (administrative) Heritage Land Conservation Fund	564-7312 564-2184
Citizen Participation (water)	564-3410	Houseboat Pump-out Facilities	564-3410
Clean Air for KY Program	800/928-0047	Household Hazardous Wastes	564-6716
Clean Air Act	573-3382	Illegal Dumps	883-NO DUMPS
Clean Community Program	564-6716	Incinerators	573-3382
Clean Water Act	564-3410	Indoor Air	573-3382
Comparative Risk	564-2150	Kentucky Master Logger Program	564-4496
Complaints: Air Water Waste	573-3382 564-3410 564-6716	Kentucky River Locks and Dams Kentucky Rivers Assessment Laboratory Certification Lake Water Quality	564-2866 564-3410 564-6120 564-3410
Compliance Monitoring (water)	564-3410	Landfarming/Landspreading	564-6716
Composting	564-6716	Land, Air & Water Magazine	564-5525
Conservation Districts	564-3080	Landfills	564-6716
Conservation (soil) Education	564-3080	Landslides	564-6940
Dam Failure	564-3410	Lead (air)	573-3382
Dam Safety	564-3410	Leaking Cargo/Drums	564-6716
DEP Scholarship Program	564-2150	Leaking Cargo/Drums	564-6716
Drinking Water	564-3410	Logger Education	564-4496
Drinking Water State Revolv. Fund	564-3410	Logging Inspection & Enforcement	564-4496
Drought Response	564-3410	Logging Laws and Regulations	564-4496
Dry Cleaners’ Information	573-3382	Monitoring Wells	564-3410
Ecosystem Management	564-4496	Natural Areas Registry	573-2886
Employment	564-2042	Nature and Wildlife Fund	573-2886
Endangered and Threatened Species	573-2886	Non-Coal Mining
Energy Conservation	564-7192	(clay, limestone, sand, gravel)	564-2340
Energy Education	564-7192	Nonpoint Source Pollution	564-3410
Energy--Renewable (solar, wind, etc.)	564-7192	Oil and Gas Wells Licensing	564-3410
Environmental Response Team	564-2380	Open Burning	573-3382
Environmental Services (lab)	564-6120	Ozone	573-3382
Environmental Trends/Conditions	564-2150	Package Sewage Treatment Plants	564-3410
Fires (outdoors) Air Quality Rules Forestry Laws Waste Management	573-3382 564-4496 564-6716	Pollution Prevention – Air Pollution Prevention – Waste Tree Seedlings Vehicle Emission Testing	573-3382 564-6716 564-4496 573-3382
Reclamation of Mined Lands	564-2340	Risk Assessment	564-6120
Recycling and Marketing Assistance	564-6716	Sewage Treatment	564-3410
Shale Extraction	564-2340	Urban Forestry	564-4496
Small Operator’s Assistance Program	564-2320	Used Motor Oil Collection	800-282-0868
Smog Alert (Northern KY)	800/621-SMOG	Waste and Recycling Education	564-6716
Soils and Erosion	564-3080	Waste Tires	564-6716
Soil Erosion and Water Quality		Wastewater State Revolving Fund	564-3410
Cost Share Program	554-3080	Wastewater Treatment	564-3410
Soil and Water Conserv. Comm.	564-3080	Wastewater Discharge Permits	564-3410
Solid Waste	564-6716	Water Conservation	564-3410
State Forest	564-4496	Water Quality Certification	564-3410
Stormwater Runoff	564-3410	Water Shortage	564-3410
Stream and River Water Quality	564-3410	Water Supply and Planning	564-3410
Stream Construction	564-3410	Water Toxicity Testing	564-3410
Stream Dredging	564-3410	Water/Wastewater Operator Cert.	564-3410
Superfund Sites	564-6716	Water Withdrawal	554-3410
Surface Mining Law Enforcement	564-2340	Watershed Conservancy District	564-3080
Surface Mining Permits	564-2320	Watershed Management	564-3410
Swimming Advisories	564-3410	Water Watch Program	800/928-0045
Timber Harvesting Compliance	564-4496	Water Well Drilling	564-3410
Tire Dumps	564-6716	Wellhead Protection Program	564-3410
Toxic Release Inventory	564-2150	Wetlands	564-3410
Toxics (air)	573-3382	Wild Rivers Program	564-3410
Tree Farm Program	564-4496	Wire Burning	564-6716
Underground Storage Tanks	564-6716

Useful Free Publications

The following is a list of free publications on environmental issues and regulations.

· Land, Air and Water, published quarterly by the NREPC to provide information on environmental issues and the cabinet’s programs and services. To be placed on the mailing list contact: Editor, Land, Air and Water, NREPC, 4th Floor, Capital Plaza Tower, Frankfort, Kentucky 40601.

· The Waste-Line, published quarterly by the Kentucky Pollution Prevention Center to provide information on waste reduction to Kentucky businesses and industries. To be placed on the mailing list contact: Kentucky Pollution Prevention Center, 419 Academic Building, University of Louisville, Louisville, Kentucky 40292 or call (502) 852-0965. If outside the Louisville area, (800) 334-8635.

· Kentucky’s Environment, published monthly by the Kentucky Environmental Quality Commission to provide information on environmental issues and notice of the date, time, place and agenda for the Commission’s monthly meeting. To be placed on the mailing list contact: Environmental Quality Commission, 14 Reilly Road, Frankfort, Kentucky 40601 or call (502) 564-2150.

· Kentucky’s Energy Digest, published quarterly by the Kentucky Division of Energy to provide information on energy efficiency and renewable energy. To be placed on the mailing list contact: Division of Energy, 691 Teton Trail, Frankfort, Kentucky 40601 or call (502) 564-7192.

• Updates of the U.S. Environmental Protection Agency’s Asbestos and Small Business Ombudsman, published about twice a year to provide information to small businesses on federal environmental legislation and regulations. To be placed on the mailing list, write to Karen Brown, Asbestos and Small Business Ombudsman, U.S. Environmental Protection Agency, 401 M Street SW, Washington, D.C. 20460 or call (800) 368-5888.

The Division of Water

The Division of Water is an important division of the Kentucky Environmental Protection Agency (KEPA) and is responsible for issuing permits for wastewater systems, water withdrawals, dams, floodplain construction activities, and for ensuring safe water supply systems for the public.

The Division of Water was created by Executive Order on August 1, 1980, by combining the divisions of Water Quality, Water Resources, and Sanitary Engineering. The Division promotes the conservation, development, and proper use of the water resources of the Commonwealth of Kentucky. Through its permitting programs, the Division regulates the withdrawal and diversion of all public waters, construction and maintenance of dams, and all construction activities across, along, or in the floodplain of any water body in the state. The Division is responsible for programs for the certification of wastewater treatment plant operators, drinking water treatment plant operators, and water well drillers.

The Division of Water is the administering agency for the National Pollutant Discharge Elimination System (NPDES). Program delegation was made on September 30, 1983, by the U.S. Environmental Protection Agency, Region IV. Kentucky’s program is entitled the Kentucky Pollutant Discharge Elimination System (KPDES), and applications for KPDES discharge permits are to be made to the Division of Water.

The Division of Water ensures the bacteriological safety and chemical quality of public drinking water supplies in the Commonwealth. It does this through review and approval of plans submitted by applicants proposing to construct public water supply systems, field inspections, and surveillance for the proper operation and maintenance of water supply facilities.

Floodplain Construction Permit

One of the many functions of the Division of Water is issuing floodplain construction permits.

1. Legal Authority: KRS 151.250, 151.260, 151.280, 151.310, and 401 KAR 4:020 through 4:060.

2. Permit Requirements: A Floodplain Construction Permit is required prior to the construction, reconstruction, relocation, or improvement of any dam, embankment, levee, dike, bridge, fill, or other obstruction across or along any stream or in the floodway of any stream. Permits are required for any such activity in designated 100-year floodplains or areas known to be flood prone. Exemptions exist that cover activities in watersheds of less than one square mile of drainage, Department of Transportation projects, and some utility pipeline stream crossings. A permit is also required to deposit or cause to be deposited any matter that will in any way restrict or disturb the flow of water in the channel or in the floodway of any stream. The Department for Surface Mining Reclamation and Enforcement (DSMRE) administers this program in all areas covered by a surface mining permit.

3. Time Limits: 20 working days from receipt of a complete application.
4. Fees: None

5. Forms: Application for Permit to Construct Across or Along a Stream

6. Procedures: The applicant should submit an application, data sheet, project maps, and at least one set of such plans, drawings, and specifications as are necessary for a determination of the proposed project’s effect on the impacted waterbody. A professional engineer licensed to practice in Kentucky must prepare all plans and specifications. If a bridge or fill is proposed, a floodway analysis may be required using field surveyed data at intervals of 50 feet to 500 feet both upstream and down-stream as far as necessary to determine the effects of the structure on stream flow.

7. Permit Duration: Permit allows one year for construction to begin.

KPDES Permit for Storm Water Discharges

Another function of the Division of Water is issuing KPDES permits for storm water discharge.

1. Legal Authority: KRS 224.16-050,224.16-060, 401 KAR 5:055 and 5:060.

2. Permit Requirements: A permit is required for point source discharges of storm water from certain industry categories and for certain construction permits. (At present, a KPDES permit for storm water discharges is required for construction projects that disturb more than five acres of land.) The Division has issued eight KPDES general permits to cover various categories of storm water discharges. Please contact the KPDES Branch at (502) 564-3410 to verify applicability.

3. Time Limits: For individual permit coverage, 180 days from receipt of a complete permit application. For KPDES General Permit coverage, a Notice of Intent (NOI) letter is required to be submitted to the Division at least 48 hours prior to the commencement of the industrial activity or construction-related activities at the facility.

4. Fees: For individual permit coverage, see fees listed in D above from KPDES Permit (fee category is usually “Non-Process Industry”). No charge for KPDES General Permit coverage.

5. Forms: Use KPDES Form 1 and Form F for individual permit coverage. Submit NOI letter for KPDES General Permit coverage.

6. Procedures: For an individual permit, see procedures listed in F above for KPDES permit. For KPDES General Permit coverage, the applicant will need to comply with the conditions contained in the KPDES General Permit for Stormwater Point Sources applicable to the applicant’s activities. The Division has issued the following KPDES General Permits for Storm Water Point Sources (effective date of October 1, 1992): Construction, Primary Metals Industry, Wood Preserving-Creosote, Wood Preserving-Arsenic/Chromium, Coal Runoff, Oil and Gas Exploration-Production, Landfill-Land Application, and Other Facilities (not otherwise specified).

7. Permit Duration: The permit is valid for five years.

Storm Water Permitting for Construction Sites

Another function of the Division of Water is issuing storm water permits for construction sites.

I. Background

A. EPA program that all delegated states (like KY) had program to adopt.

B. Storm water program became effective on October 1992.

C. KY is using its KPDES permit program (storm water permits are KPDES permits).

D. Goals and objectives – Less erosion and cleaner streams.

II. Who is Affected

1. Any construction activity that removes 5 or more acres of ground cover. Purpose of construction is not relevant (building a house or a factory is no different).

2. Does not apply to areas where only clearing of trees or shrubs is done.

3. One cannot split a large project into <5 acre pieces to avoid the permitting requirement.

III. General Permit for Construction Projects

1. Who is eligible/responsible?
   1. General contractor is usually the one to apply.
   2. Developer or Engineer can also be the applicant.
   3. It is only necessary for one party to apply for a project.

2. How does one obtain coverage under the General Permit?
   1. Submit “Notice of Intent” form (NOI) at least 48 hours before construction starts.
   2. Submit the completed and signed NOI form to the Division of Water (address on back of form along with instructions).

3. Obligations under this permit.
   1. Prepare an “Erosion Control Plan” before start of construction. (Not submitted to DOW, just kept on site.)
   2. No sampling is needed but periodic visual inspections of the various BMP’s (to see if they are still there and working) is required.

4. When construction is completed.
   1. As soon as a vegetation ground cover is established, the permit is no longer required.
   2. The original applicant then submits a “Notice of Termination” form (NOT) to the DOW.
   3. This relieves the permit holder of any further obligations.

IV. Questions
For more information, call Doug Allgeier at (502) 564-2225, ext. 448.

The Division of Air Quality

The Division for Air Quality is primarily responsible for enforcing state and federal air quality standards in Kentucky with the goal of protecting public health and welfare. The Jefferson County Air Pollution Control District regulates sources in the Louisville area.

The Division controls, by regulation, the amount of air pollutants that may be released into the air by industry sources. The major air pollutants controlled are carbon monoxide, sulfur dioxide, nitrogen oxides, particulates, Volatile Organic Compounds (VOCs), and Hazardous Air Pollutants (HAPs). The Division ensures through permitting requirements that the construction, modification, and operation of air pollution sources in Kentucky are consistent with these air pollution regulations.

Companies that may release pollutants into the air that are subject to the permitting requirements contained in 401 KAR 50:035 must file a permit application and obtain a permit prior to commencing construction. Air contaminant sources that qualify for permitting exemptions contained in 401 KAR 50:035 are required to be registered with the Division if their potential emission rate exceeds 2 tons per year of an individual HAP, 5 tons per year combined HAPs, or 10 tons per year of non-HAP regulated air pollutants.

A new permit program has been established in response to federal requirements under Title V of the Clean Air Act Amendments of 1990. It creates a national operating permit system to manage air pollution.

The new program differs from the old in many ways, including the following:

• All new permits (except municipal waste incinerator permits) have a five-year duration and must be renewed prior to expiration. Municipal waste incinerator permits remain in effect for 12 years and will be reviewed by the Division at least every five years. The old permits did not have an expiration date.

• Separate construction and operating permits were replaced by one permit issued in three phases (draft, proposed, and final) to major sources and in one step (final) to minor sources.

• Under the new system, the state issues two types of permits: federally enforceable permits and state origin permits.

The Division does not issue asbestos permits but does require prior written notification for demolition and asbestos removal. The Division certifies asbestos professionals in various disciplines and inspects asbestos abatement projects.

Kentucky’s Environmental Release Reporting and Cleanup Law

The 1992 General Assembly passed House Bill 540, which amends Kentucky environmental laws under KRS 224.877. Now numbered 224.01-400, the bill clarifies reporting and cleanup requirements for a release or threatened release of a hazardous substance, pollutant or contaminant, petroleum, or petroleum product. This law became effective July 14, 1992. The 1994 General Assembly passed a bill that was later codified as KRS 224.01405, which requires characterization and corrective action in response to releases of petroleum or petroleum products. Under these provisions, certain actions are required in response to releases or threatened releases of regulated substances. These actions may consist of: immediate notification of a release, a written follow-up report, characterization, clean up, and other required actions.

What must be reported? Any spill, leak, discharge, dumping, or other “release” of any of the following classifications of substances in excess of a reportable quantity must be reported immediately.

1) Hazardous substances - Substances designated under the federal Superfund Act (CERCLA) and those extremely hazardous substances designated under Title III of the Superfund Amendments and Reauthorization Act (SARA) are to be reported according to quantities listed in the respective laws and regulations. Also reportable as a hazardous substance is any quantity of nerve or blister agents designated under KRS 224.50-130(1) d.

2) Pollutants or contaminants - A release or threatened release of any element, substance, compound, or mixture into the environment in a quantity that may present an imminent or substantial danger to the public health or welfare is reportable.

3) Petroleum or petroleum products - Any release including a fuel, oil, or lubricant in excess of 25 gallons within a 24-hour period must be reported. The reportable quantity of diesel fuel is 75 gallons or more in a 24-hour period. However, any release that causes a visible sheen or that violates any other provision of Section 311 of the Clean Water Act must be reported.

Who must report? Any person possessing or controlling a regulated substance must immediately report a release or threatened release covered by this law. This law affects any person, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, county, transporter, or any interstate body. Any release that must be reported to a federal agency must also be reported to the Kentucky Department for Environmental Protection.

How are reports to be made? All reports must be made immediately to the 24-hour Environmental Response telephone number: (502) 564-2380 or (800 928-2380 (to be used only for emergencies and spill reporting required by law). A written follow-up report may be required by the Cabinet and must be submitted within seven days of the Cabinet’s demand.

The report must contain information, such as:

• The precise location of the release;
• The name, address, and phone number of the person in charge at the time of the release, persons knowledgeable of the release, and a contact person for additional information;
• The concentration and quantity of the release;
• The circumstances and cause of the release;
• Efforts taken to control or mitigate the release;
• Any harmful effects of the release;
• Where the release occurred and the potential for movement away from the site;
• Any present or proposed action at the site to correct the release or its effects; and
• Any other information that may assist in the response at the site.

What are the clean-up requirements? Once a release has occurred, even if it is less than reportable quantity, the responsible person must characterize the full extent of the release and determine its effect on the environment and correct the effect of the release on the environment. For releases that exceed the reportable quantity, the cabinet must approve site characterization and remedial actions. The cabinet may require submittal of the demonstration of characterization and remediation on releases of less than a reportable quantity.

For questions concerning the Environmental Release Reporting and Cleanup Law, write to the Department for Environmental Protection, Release Reporting Information, 14 Reilly Road, Frankfort, Kentucky 40601 or call (502) 564-6716.

Department for Environmental Protections Permit
Coordination Process

For assistance in obtaining necessary state-level environmental permits and to improve coordination of the Department for Environmental Protection’s permitting requiring multiple permits, contact Margaret Shanks at (502) 564-2150.

The permits coordinator can provide the following:

1) Serve as a central contact for applicants to obtain permit application information including permit application forms and how to obtain copies of current regulations;

2) Assist in identifying, based on information supplied by the applicant, all Department permit and registration requirements and outlines the probable steps and times involved to secure the permits;

3) Coordinate pre-application conferences between the applicant and the Department; and

4) Provide for Department coordination during the permit application review process and can respond to applicant inquiries concerning the Department review process.

These services will not eliminate or modify any requirement set out by Kentucky statutes or regulations but will aid the applicant at the initial stages of project planning by identifying all Department permits, registrations, or approvals that could be required for a project. This process provides the applicant and other individuals central contact point for Department information and thus a better understanding of the state’s environmental permitting process. This coordination process has now eliminated a considerable amount of time and correspondence, formerly needed between the applicant and the Department.

Additional Information

Work Chart