环境保护局（EPA）宣布9月12日最终确定的repeal of the 2015 Clean Water Act rulewhich expanded the definition of Waters of the United States (WOTUS) and limited pollution into surface waters of the U.S. through regulations and permitting. The EPA rule is now expected to cover fewer waterways and narrow existing protections, covering only wetlands adjacent to a major body of water, or bodies connected to a major waterway by surface water.

Opponents of this rule have felt this repeal was long overdue and expect it will reduce federal permitting requirements for development and industry.

Wotus规则的历史

自1972年以来，通过要求任何工业污染者的许可和监管条件以及农村和农业土地所有者和房地产开发商的排放，净水法调节污染物排放到地表水域。清洁水法的适用性是有争议的，自理性以来一直是有争议的，各种法规和诉讼已经确定并重新定义了该法案的监管。以前的法律决定澄清了适用于湿地的清洁水法以及可通航水域和支流。随后的最高法院决定发现，在该法案下没有监管孤立的湿地，没有地表水的情况而没有地表水连接。另一个最高法院的决定确定必须对可导航水域进行“重要的Nexus”，用于湿地和潮流受到监管。

As a result of the nexus ruling, the 2015 WOTUS rule was issued which specified protections to bodies of water that flow into larger bodies of water, whether they were wetlands, headwater streams, and tributaries — including wetlands which exist outside of floodplains. The 2015 WOTUS rule was immediately challenged in court and, at the time of its repeal, was applicable in about half of the states and struck down or halted in the remainder of the states.

对水域的监管期望

The repeal of the 2015 WOTUS rule resets the regulatory baseline, so federal rules apply uniformly across all states. The EPA and the Army Corps of Engineers are expected to issue a new regulation by the end of the year which will retain existing federal protections for larger bodies of water, the rivers that drain into larger bodies of water and adjacent wetlands. Streams that only run during or after rainfalls (ephemeral and headwaters streams) and wetlands not adjacent to major bodies of water are expected to have their federal protections removed. The rule is also expected to remove the “significant nexus” test.

生态影响

一些害怕这种废除会对鱼类和野生动物栖息地产生负面影响，特别是濒危物种和濒危地位。对于渔业而言，鱼类股和栖息地健康的可持续性是不确定的。不再受保护的水道也充当洪水事件的排水，并去除雨水从道路，工业地点，农业用地等领域携带的污染物。妥协这些水域的生物完整性可以增加洪水和风暴损伤的环境和金融风险。

What’s Next

The new rule will almost certainly be met with legal challenges which may result in an uneven patchwork of applicability across the country. No changes are anticipated to stormwater management or rules affecting groundwater (although acase being argued before the Supreme Courtthis fall may affect groundwater). Since the Clean Water Act was passed in 1972, the definition of “Waters of the U.S.” and its regulatory implications will continue to evolve. While the upcoming rule may limit the scope of regulations, it will not remove the need for scientifically-based determinations of streams and wetlands prior to development.

Braun Intertec provides professional consulting services to help clients track and comply with federal and state water regulations. We assist clients with wetland delineations, obtaining jurisdictional determinations,wetland or Waters of the U.S. permits， 和stormwater compliance全国各地。要了解更多关于最新的联邦环境监管更改，请查看我们的最新的按需网络研讨会.

For more information about compliance with federal and state water regulations please contact Daniel DeJoode Ph.D.