EPA rule will protect water resources nationwide

On Tuesday, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers jointly released a proposed rule that would clarify the muddied jurisdictional waters of the Clean Water Act (CWA) and restore Clean Water Act protections to countless streams and wetlands throughout the Commonwealth and the nation.

The scope of the Clean Water Act was intended to be as broad as its purpose: “To restore and maintain the chemical, physical and biological integrity of the Nation’s waters” with a national goal of all waters being fishable and swimmable. Over the past decade, however, two Supreme Court decisions have reduced protections and caused confusion about which waters and wetlands are protected by the Clean Water Act.

Specifically, the proposed rule clarifies that under the Clean Water Act and based on the science:

•              Most seasonal and rain dependent streams are protected.

•              Wetlands near rivers and streams are protected.

•              Other types of waters may have more uncertain connections with downstream water, and protection will be evaluated through a case specific analysis.

Streams and wetlands provide numerous benefits to communities, including reduced flooding, recharge of groundwater, removal of pollution, and habitat for fish and wildlife. Roughly 58 percent of stream miles in Pennsylvania only flow seasonally or after rainfall, and over 8 million Pennsylvanians get their drinking water from systems that rely, at least in part, on these streams.

This rule does not broaden the reach of the EPA or expand the scope of waters historically protected under the CWA. Instead, the proposed rule clarifies protections for about two million miles of streams and 20 million acres of wetlands based on sound science. Once finalized, this rule will provide greater long-term certainty for landowners and protect the streams, wetlands and other waters that feed our nation’s rivers, lakes, and bays. Visit www2.epa.gov/uswaters to learn more about the rule and how you can provide comments.

Jen Quinn is central Pennsylvania outreach coordinator for PennFuture and is based in Harrisburg.