Clean Water Rule

The Clean Water Rule is a final publication created by the Environmental Protection Agency and the United States Army Corps of Engineers regarding water resource management in the United States. The legislation re-defines the rules and regulations of US waterways originally protected under the Clean Water Act of 1972.

EPA Administrator Gina McCarthy along with Assistant Army Secretary Jo-Ellen Darcy signed the final rule on May 27, 2015. Careful consideration was taken into account after a large stream of public comments were received on the proposed rule. This rule will ensure protection of public health through protection of national waterways listed under The Clean Water Act of 1972. These waterways serve as aquatic resources that provide roughly 117 million Americans with drinking water. The Clean Water Rule will become effective 60 days after the Federal Register publication is released (May 27, 2015).

Explanation

The establishment of this rule was put forth by the EPA and U.S. Army Corps of Engineers to protect streams and wetlands that belong to the nation's water resources. Since the U.S. Supreme Court decisions in 2001 and 2006, protection of the nation’s waterways has been unclear. Restoring The Clean Water Rule would ensure that US waterways are better protected, and the rules of The Clean Water Act more precisely defined.

• Provides a clear definition of regulatory safeguards, in relation to nearby waters.

The rule extend safeguard protection to neighboring rivers and lakes and their tributaries, because of the scientifically-proven ecological connection to the health of downstream rivers.

• Protects US regional water treasures

Specific watersheds have been scientifically proven to impact downstream water health. The rule protects Texas coastal prairie wetlands, Carolina and Assawoman bays, western vernal pools in California, pocosins, and other prairie potholes, when impacting downstream waterways.

• Focuses on streams, instead of ditches and drainages.

The clean water rule limits safeguards to ditches that are man made out of streams or function like streams and can carry pollution further downstream, making streams that flow only at times of precipitation are not covered.

• Reduces the use of analyzing waters on a case-by-case basis.

Before the rule, almost any water could be put through an analysis that remained case-specific, even if it would not be covered under the Clean Water Act. The rule limits use of case-specific analysis by providing certainty and clarity of protected vs non-protected water.

• Maintains statuses of waters within Municipal Separate Storm Sewer Systems.

The Clean Water Rule does not affect how these waters are treated, and still encourages green infrastructural practices.