The Clean Water Act ( 80 Fed )

1244 Words Dec 1st, 2015 5 Pages
Over the years many requests have been made for new regulations pertaining to the “waters of the United States”, adopted in 1986 under the Clean Water Act (Clean Water Rule, 2015, p. 165). Advocating change were “members of Congress, developers, farmers, state and local governments, energy companies, and many others requested new regulations to make the process of identifying waters protected under the CWA clearer, simpler, and faster” (Clean Water Rule, 2015, p.13). In response to these requests the Environmental Protection Agency and the Army Corps of Engineers published the “Clean Water Rule: Definition of “Waters of the United States” federal regulation (80 Fed. Reg. 37054) on June 29, 2015 (Clean Water Rule, 2015, p.13).
It is evident the scope of the Clean Water Act needs to be clarified, because the term “navigable waters” is used in a number of provisions of the CWA including sections; 402 National Pollutant Discharge Elimination System (NPDES) permit program, 404 permit program, 311 oil spill prevention and response program, 303 total maximum daily load programs (TMDL), 401 state water quality certification process, all of which impact state and local governments (Clean Water Rule, 2015, p.25).
Problems with the New Rule
Before the Clean Water Rule was published in Federal Register there was controversy over several different aspects of the new rule and its implementation. The controversy has led to a U.S. Circuit Court ruling on October 9, which blocked the Clean…
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