Reasons We Need the Clean Water Rule

By EPA Administrator Gina McCarthy and Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy

Today, EPA and the Army are finalizing a Clean Water Rule to protect the streams and wetlands we rely on for our health, our economy, and our way of life.

As summer kicks off, many of us plan to be outside with our friends and families fishing, paddling, surfing, and swimming. And for the lakes and rivers we love to be clean, the streams and wetlands that feed them have to be clean, too. That’s just one of many reasons why this rule is so important. Here are several more:

Clean water is vital to our health. One in three Americans get drinking water from streams that lacked clear protection from pollution without the Clean Water Rule. Finalizing the rule helps protect 117 million Americans’ health.

Our economy depends on clean water. Major economic sectors—from manufacturing and energy production to agriculture, food service, tourism, and recreation—depend on clean water to function and flourish. Without clean water, business grinds to a halt—a reality too many local small business owners faced in Toledo last year when drinking water became contaminated for several days.

Clean water helps farms thrive, and the rule preserves commonsense agriculture exemptions. Farms across America depend on clean and reliable water for livestock, crops, and irrigation. Activities like planting, harvesting, and moving livestock across streams have long been exempt from Clean Water Act regulation; the Clean Water Rule doesn’t change that. The final rule doesn’t create any new permitting requirements for agriculture, maintains all previous exemptions and exclusions, and even adds exclusions for features like artificial lakes and ponds, water-filled depressions from construction, and grass swales—all to make clear our goal is to stay out of agriculture’s way. Just like before, a Clean Water Act permit is only needed if a water is going to be polluted or destroyed—and all exemptions for agriculture stay in place.

Climate change makes protection of water resources even more essential. Impacts from climate change like more intense droughts, storms, fires, and floods—not to mention warmer temperatures and sea level rise—threaten our water supplies. But healthy streams and wetlands can protect communities by trapping floodwaters, retaining moisture during droughts, recharging groundwater supplies, filtering pollution, and providing habitat for fish and wildlife. With states like California in the midst of historic drought, it’s more important than ever that we protect the clean water we’ve got.

Clear protections mean cleaner water. The Clean Water Act has protected our health for more than 40 years—and helped our nation clean up hundreds of thousands of miles of polluted waterways. But Supreme Court decisions in 2001 and 2006 threw protections into question for 60 percent of our nation’s streams and millions of acres of wetlands. Using the latest science, this rule clears up the confusion, providing greater certainty for the first time in more than a decade about which waters are important to protect.

Science shows us the most important waters to protect. In developing the Clean Water Rule, the Agencies used the latest science, including a report summarizing more than 1,200 peer-reviewed, published scientific studies—which showed small streams and wetlands play an important role in the health of larger downstream waterways like rivers and lakes.

You asked for greater clarity. Members of Congress, state and local officials, industry, agriculture, environmental groups, scientists, and the public called on EPA and the Army to clarify which waters are protected under the Clean Water Act. With this rule, the agencies are responding to those requests and addressing the Supreme Court decisions. EPA and the Army held hundreds of meetings with stakeholders across the country, reviewed over a million public comments, and listened carefully to perspectives from all sides. All of this input shaped and improved the final rule we’re announcing today.

Just as importantly, there are lots of things the rule doesn’t do. The rule only protects waters historically covered under the Clean Water Act. It doesn’t interfere with private property rights, and it only covers water—not land use. It also doesn’t regulate most ditches, doesn’t regulate groundwater or shallow subsurface flows, and doesn’t change policy on irrigation or water transfers.

These are just a few of the many reasons why clean water and this rule are important—learn more here, and share yours with #CleanWaterRules.

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