Environmentalist Groups Sue EPA over Kentucky’s Selenium Standard
The Sierra Club, Appalachian Voices, Kentuckians for the Commonwealth and Kentucky Waterways Alliance have filed a complaint in the U.S. District Court in Louisville against the Environmental Protection Agency seeking to bar Kentucky from putting a newly approved Selenium standard in place. The approval of the Selenium standard was discussed in a prior blog entry (http://www.environmentalessentials.com/epa-partially-approves-kentuckys-proposed-water-quality-criteria-for-selenium/).
In its decision document issued on November 15, 2013, the EPA disapproved a revision to the Kentucky acute water quality criterion for Selenium, but approved the revisions to the chronic water quality criterion. The revisions would require analysis of fish tissue if the Selenium levels in water column testing are above 5 µg/L.
The environmentalist groups claim that the criteria only measure Selenium concentrations in fish tissue, “they wrongly exempt fishless streams and fail to protect aquatic life such as salamanders, crayfish and insects.” Plaintiffs’ Complaint, p. 13. The case is entitled Kentucky Waterways Alliance, et al. v. McCarthy, et al., in the U.S. District Court for the Western District of Kentucky. A copy of the complaint may be found here: file:///media/removable/USB%20Drive/SJ/SeleniumComplaint.pdf.