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CWA “Waters of the US” Webinar Held this Week

On June 3rd, EPA and the US Army Corps of Engineers (USACE) held a webinar to provide an overview of the new Clean Water Act Rule and receive feedback from state Clean Water Act programs and representative associations.  Key points about the new rule include:

  • Over one million comments were received on the draft rule.  Responses to the comments will be provided on the EPA web site in the near future.
  • Clarification was provided in the rule on ditches, adjacent waters, vernal pools, and MS4 stormwater permits.
  • The rule structure provides information on what waters are included, what waters are not included, and what waters need case specific “significant nexus analysis.”  Evaluations will include nine factors, but may only meet some to be determined “connected.”
  • The new rule continues exclusions from previous rules, narrows jurisdiction of ditches, and specifically excludes them in many cases.

EPA and USACE plan to continue outreach and provide additional tools and assistance for states to implement the new rule.  For more information, visit the web site at: http://www2.epa.gov/cleanwaterrule.