On January 18, 2024, KRC, together with the Environmental Integrity Project, Kentucky Waterways Alliance, and Sierra Club Kentucky, petitioned EPA to end Kentucky's allowance of "off-permit" water pollutant discharges. The letter notes that through its Off-Permit Program, the Kentucky Energy & Environment Cabinet (“EEC”) has illegally issued and continues to issue Off-Permit Authorizations for hundreds of unpermitted, point-source discharges of pollution into federal waters across Kentucky. The Off-Permit Program is inconsistent with the federal CWA and Kentucky’s obligations to implement the CWA under the Commonwealth’s delegated National Pollutant Discharge Elimination System (“NPDES”) program. The letter, which can be read
here, seeks EPA action to end the Commonwealth's allowance of these unpermitted discharges.