On May 26, EPA and the U.S. Army Corps of Engineers announced they have finalized the Clean Water Rule. The rule, also commonly referred to as the Waters of the U.S. (WOTUS) Rule, aims to clarify Clean Water Act (CWA) jurisdiction over waterways across the country and “ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and industry.”
The development of this rule has been of interest and concern throughout the drinking water industry, with utilities embracing the need for enhanced source water protections while also expressing concern about the potential for overly strict interpretation of what constitutes a “protected waterway.” The advance version of the preamble and rule language does reflect strong protections for drinking water sources, but questions remain on the rule’s applicability to many critical components of drinking water infrastructure. Certain features, such as groundwater infiltration basins and green infrastructure, are specifically exempted from the WOTUS definition. However, other infrastructure vital to drinking water utility operations, such as impoundments and conveyances, do not have specific exemptions.
The final rule will be in effect beginning 60 days after publication in the Federal Register, which is expected in the next few weeks. AMWA continues to analyze and seek clarity on the rule language and accompanying documentation and will follow up with further discussion of the rule details and what they may mean for drinking water utilities. In the interim, all available rule materials are available at EPA’s Clean Water Rule website.