Implementation of the Clean Water Rule Brings Opportunities

When the Clean Water Rule goes into effect on August 28, it marks a new era of protection for our nation’s streams and wetlands. We are enthusiastic about the opportunities provided by the rule to improve the process of identifying waters covered under the Clean Water Act and making jurisdictional determinations and permit decisions more effectively and efficiently. As EPA and the U.S. Army Corps of Engineers implement the Clean Water Rule, the agencies will be taking several steps to increase transparency, provide information, and improve the permit process.

Increasing transparency: EPA and the Army Corps will launch a publicly-accessible, online database for all jurisdictional determinations and permits issued under the rule. The database will provide information, for example, on jurisdictional determinations associated with federal permitting programs as well as statistics on the total number, waterbody type, and watershed location. Data regarding the nature and number of pending determinations will also be made publicly available. This database will provide essential transparency needed for effective implementation of the rule.

Responding to information needs: The Clean Water Rule provides clear and comprehensive direction about the process for conducting jurisdictional determinations. Because the rule is so specific, there is no need for any new manuals or guidance documents.  Instead, the agencies will prepare a comprehensive Questions and Answers document that can be routinely supplemented as experience with the rule grows.   As with any new procedures, field staff and the public will have ongoing questions about the rule, and it is important for EPA and the Corps to identify issues and provide answers as the rule takes effect. We will also ensure the public can coordinate with the field staff as new questions arise after the rule goes into effect so that answers can be provided quickly.

Improving the permit process: EPA and the Army Corps will evaluate existing permitting tools and procedures and identify the changes needed to further reduce costs, delays, and frustration in federal permitting, while improving Clean Water Act protections that benefit public health and the environment. The agencies will focus on increasing the availability of information on issued permits, and improving coordination with federal and state permitting partners to reduce overlap and redundancy in permit reviews.

The strong commitment to seizing these opportunities during implementation of the Clean Water Rule was reflected in a memo distributed across the agencies by EPA Administrator Gina McCarthy and Assistant Secretary for the Army (Civil Works) Jo-Ellen Darcy. We will provide updates of our efforts on a regular basis as part of our obligation to implement the rule in an efficient and effective manner.

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