ELR Citation: ELR 20689
No(s). 74-16 (E.D. Ky. Aug 31, 1976)

EPA acted properly in disapproving previously approved state water quality standards adopted by the Kentucky Department for Natural Resources and Environmental Protection. The Federal Water Pollution Control Act Amendments of 1972 (FWPCA) requires that the standards cover all waters of the United States located within the state. However, the state regulations promulgating the standards limited their application to only those waters represented on a map prepared in 1973 by the Kentucky Department of Commerce and entitled "Streams of Kentucky." EPA's disapproval, which came in response to plaintiffs' challenge to the legality of the limited standards, was thus proper and in fact required under FWPCA.

Counsel for Plaintiffs
Ed W. Hancock, Attorney General
David C. Short
David D. Beals Asst. Attorneys General
Rm. 26, Capitol Bldg.
Frankfort KY 40601
(502) 564-7600

Counsel for Defendants
Eldon Webb, U.S. Attorney
Robert F. Trevey, Asst. U.S. Attorney
P.O. Box 1490
Lexington KY 40501
(606) 252-2312

Patrick A. Mulloy
U.S. Department of Justice
Washington DC 20530
(202) 737-8200

Counsel for Intervening Plaintiff
Dean Hill Rivkin
J.T. Begley
Appalachian Research and Defense Fund of Kentucky, Inc.
630 Maxwelton Court
Lexington KY 40508
(606) 257-2771

William P. Hurley
231 South Fifth St.
Louisville KY 40202
(502) 589-6060

Counsel for Intervening Defendants Kentucky Chamber of Commerce
Robert S. Miller
Harry B. Miller, Jr.
Miller, Griffin & Marks
701 Security Trust Bldg.
Lexington KY 40547
(606) 255-6676

Counsel for Intervening Defendant Kentucky Municipal League
Frank W. Burke
Hottell, Burke & Shurman
1234 Louisville Trust Bldg.
Louisville KY 40202
(502) 583-8373