Teena Halbig, Co-President FFEA
6505 Echo Trail
Louisville,KY 40299
502 267-6883     teenahal@aol.com


Administrative Reg. Review Subcommittee

700 Capitol Avenue Capitol Annex, Rm. 149
Frankfort,KY 40601
Sandra Gruzesky, Director

Kentucky Division of Water Dept. of Energy & Environment Cabinet
200 Fair Oaks Lane, 4th Floor
Frankfort,KY 40601

R. Bruce Scott, Commissioner Dept. for Energy & Environment Cabinet
200 Fair Oaks Lane, 4th Floor
Frankfort,KY 40601

To Whom It May Concern regarding
FFEA is opposed to the KY Division of Water (KDOW) proposal regarding selenium. 
A public hearing is requested with adequate notice under the Clean Water Act 40 CFR
Paragraph 131.2 (b) and (b (6) and 25.5 (b). 
It is best to not circumvent US EPA where KDOW would need to again revise standards. 
We are not in agreement to test fish tissue OR fish egg/ovarytissue – this is not fish tissue AND fish egg/ovary (female only). 
Doesn’t KDOW know what to test? It seems KDOW should have reached some conclusion and offered that - if KDOW diligently did
research. What fish species will be tested; only one species? Does KDOW have the number of employees to perform
all these fish tissue tests in a timely manner? Some years ago, the lab was 6 years behind in fish tissue testing and
had fish frozen that were waiting to be tested. How many employees are at KDOW currently that can do such testing?  How
long will it take to get test results (weeks, months, years)?  
Since selenium is known to bioaccumulate, it can affect various species (i.e.
including fowl that eat any aquatic life like
“fish, bacteria, fungi, algae, aquatic insects, other aquatic invertebrates, reptiles, amphibians, and fishes” per 401 KAR 10:001 (40).

Toxic amounts were reported in all 66 selenium violations down stream of valley fills by KDOW. 
What about mussels? 
What about the federally endangered
Indiana Bat that forages for insects over our waterways?  Will these species be affected? 
There are federally threatened and endangered species to protect per the Clean Water Act. KDOW’s actions speak to the continual
degradation of our streams – in this instance, degradation with more selenium.  Again, KDOW shows US EPA needs to take primacy away fromKentucky.
KDOW needs more US EPA oversight. Increasing current selenium WQ standards for aquatic habitat criteria of 20ug/L in the water column and chronic criteria
of 5ug/L in the water column to
258ug/L in fish tissue appears harmful to water quality and aquatic life and wildlife.
This appears an arbitrary number (258ug/L). Also, the 2004 fish tissue ug/L values were contested by Fish & Wildlife assessment.  
Again,it seems KDOW is not attempting to protect water quality and aquatic life and fowl life but is working to have more toxins in our waterways.

Does the KDOW have a state ecotoxocologist and an opinion from him/her?  Kindly provide that information; please provide the person’s
name and statement(s).
Consideration for both fish and wildlife assessments for bioaccumulation based on food intakes might be but one
important step for KDOW to initiate. Again, what about mussels?  Also, don’t ruin a good source of
food!  It is possible to impair species to reproduce
over time or to weaken them substantially to cause suffering or cause death after time even though an immediate kill isn’t observed. Even if effects are
eventually detected by KDOW, it may take many years for recovery – maybe even a decade or more.            

Has KDOW done TMDL’s on these streams in the coal counties?

FFEA requests this selenium issue be put on a “back burner” until US EPA comes out with their standards that are projected to be within a year.  
The current KDOW proposal appears contrary to protecting our waterways and the above mentioned species

                 FFEA agrees with the first option #1.  Leave KY’s current acute criterion in place
            and wait for the release of any revisions toU.S. EPA’s criteria guidance.  

Thank you for the opportunity to comment.



Here’s the buzz… Save Our Bees and the Food We Eat! Save Our Fruits & Vegetables! What can you do?

1.     Since 2006, 1/3 of US honey bee populations are dying off every year

2.     Increased species destruction is a serious threat to our food supply (at risk foods: almonds, chocolate, strawberries, apples, squash, tomatoes

3.     Honey bees pollinate 71 of 100 most common crops (90% of world’s food supply)

4.     Pesticides like clothianidin are implicated; used on seeds, including corn and canola and shows up in the plants’ pollen & nectar that bees love

5.     Clothianidin made by German Corporation Bayer CropScience is used on 100 million acres in the United States but was banned in France, Germany, Italy & Slovenia! U.S. Environmental Protection Agency approved clothianidin in 2010 but should revoke unscientific approval/cancel registration.

6.     Colony Collapse Disorder (CCD) has complex causes

7.     Exposure to clothianidin causes Bees to get lost: bees are literally unable to find their way home back to the hive and drop dead from exhaustion.

8.     American beekeepers report losses of up to 90% of their bees

9.     To help, surround growing vegetable beds with wildflowers instead of using chemicals

10. To help, plant sunflowers and other flowering species

11. Nicotine-based insecticides (neonnicotinoids) is linked to Colony Collapse Disorder with 85% fewer queens lost= 85% hives lost

12. Neonicotinoids by Bayer is used by growers of corn, soy, wheat, cotton, sorghum peanuts and other crops and home garden and landscaping

13. 142 million acres were planted in neonic-treated seeds in 2010 (this acreage is equivalent to the size of California and Oregon combined

     14.  Honeybee homes in trees: bee hive hollows are at least 10 gallons in volume, sit at least 15 foot off the ground and have a narrow opening.



1- 6   Credo action 6-20-12 act@credoaction.com  Save the Bees

7-13  Change.org     4- 3-12 The end of bees?

14     Smithsonian.com March 2012 Hive Mind by Carl Zimmer

FFEA knows that water alone will not grow crops, the help of the small insect, honeybees, are necessary to pollinate crops so food will be able to grow.  Such pesticides can wash into our waterways.  See how you can help – read below.  


The food producer responsible for one of every three bites the average American eats is in crisis, and more than half of Americans are not even aware there is a problem. Over the past several winters, more than 25 percent of the honey bee population in the United States has vanished. Everything from poor nutrition to invasive mites to Colony Collapse Disorder (CCD)-a phenomenon where bees from a colony abruptly disappear, leaving no trace-is affecting the bee population. This disappearance has scientists stumped and has the potential to affect many of our favorite fruits, berries, vegetables, nuts and seeds.

A world without the hardworking honey bee is a world without tasty pears, luscious raspberries and crunchy nuts.

 Five simple tips to create a bee-friendly garden

1. Choose garden plants and flowers that are pollinator-friendly. This includes most plants in the rose, mint, pea and aster families.

2. Select flowers that have a single layer of flower petals, such as a classic daisy.

3. Add non-native plants to your garden to create diversity. Plus, many non-native varieties are excellent, attractive and vigorous plants that provide food for bees and pollinators. *

4. Look for flowers that provide food all season. Plant some early flowering plants, along with mid-and late-season flowers. Late-season flowers like goldenrod and aster are especially important.

5. Provide a good environment. Limit, or better still, eliminate the use of pesticides, particularly on attractive plants with open flowers.

The latest buzz is that we need bees to pollinate more than 100 crops.

Courtesy North American Press Syndicate

www.bees-online.com the above info How to Help Honeybees available here

* FFEA encourages use of native species - FFEA does not encourage the use of non-native species.