Clean Water Rule

Documents Related to the Clean Water Rule

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On this page:

The final Clean Water Rule:

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Media

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Webinars:

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Fact Sheets:

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Streams and Wetlands:

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Additional Information:

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Public Comment Period:

The public comment period closed Friday, November 14, 2014.

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Background Information:

Current Guidance on Waters of the U.S. 

(Please note: in response to the temporary stay on implementation of the Clean Water Rule, EPA and the Department of Army resumed nationwide use of the agencies’ prior regulations, as clarified by the 2008 Rapanos and 2003 SWANCC guidance documents; see the Clean Water Rule litigation statement.)

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Relevant Information about Water

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Legal Background on Waters of the U.S.

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Agriculture

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Longstanding Prior Regulatory Definition of Waters of the U.S.

(Please note: in response to the temporary stay on implementation of the Clean Water Rule, EPA and the Department of Army resumed nationwide use of the agencies’ prior regulations; see the Clean Water Rule litigation statement.)

40 CFR 230.3(s) The term waters of the United States means :

  1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;
  2. All interstate waters including interstate wetlands;
  3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:
    1. Which are or could be used by interstate or foreign travelers for recreational or other purposes; or
    2. (From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
    3. Which are used or could be used for industrial purposes by industries in interstate commerce;
  4. All impoundments of waters otherwise defined as waters of the United States under this definition;
  5. Tributaries of waters identified in paragraphs (s)(1) through (4) of this section;
  6. The territorial sea;
  7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States.

Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.

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Pollution in San Pedro River, Arizona

Storm water from construction sites carried oil, grease, and other pollutants into tributaries to the San Pedro River – an internationally recognized river ecosystem supporting diverse wildlife. However, the waters in question only flow for part of the year. EPA has had to discontinue all enforcement cases in this area because it was so time-consuming and costly to prove that the Clean Water Act protects these rivers.

Source: Tana Kappel © The Nature Conservancy.

Pollution in San Pedro River, Arizona

Recreation in Lake Blackshear, Georgia

Challenges in proving jurisdiction hampered enforcement efforts when a large animal feeding operation in Georgia. Discharged liquid manure to tributaries. Unhealthy levels of viruses and bacteria were found downstream in Lake Blackshear, used for waterskiing and other water recreation.

Source: Georgia Department of Natural Resources, State Parks and Historic Sites.

Lake Blackshear, Georgia