Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released the final version of their long-awaited Clean Water Act (CWA) rule.

This will be a complex regulatory regime for Georgia’s water users to work through as they seek to obtain new or renew existing water permits.  The devil will be in the details. 

The Georgia Chamber supports the objectives of the CWA.  A clean, reliable and affordable water supply is essential to our communities, businesses and industries to thrive, invest and continue to employ.

EPA states that its rulemaking objective was a response to the public's demand for greater clarity, consistency, and predictability when making jurisdictional determinations.

The Chamber’s concern was the expansion of EPA’s rulemaking authority, increased costs and regulatory burdens for water users, and a real likelihood of encroachment on the property rights of individual water users.

EPA states that, “the rule ensures that waters protected under the Clean Water Act (CWA) are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and industry. The rule is grounded in law and the latest science, and is shaped by public input. The rule does not create any new permitting requirements for agriculture and maintains all previous exemptions and exclusions.”

Specifically, EPA believes that the rule:

• Clearly defines and protects tributaries that impact the health of downstream waters;
• Provides certainty in how far safeguards extend to nearby waters;
• Protects the nation’s regional water treasure;
• Focuses on streams, not ditches;
• Maintains the status of waters within Municipal Separate Storm Sewer Systems; and
• Reduces the use of case-specific analysis of waters.

A CWA permit is only needed if a water system is going to be polluted or destroyed.  According to the EPA, the CWA rule does not:

• Protect any types of waters not historically covered by the Clean Water Act;
• Add any new requirements for agriculture;
• Interfere with or change private property rights;
• Regulate most ditches;
• Change policy on irrigation or water transfers;
• Address land use;
• Cover erosional features such as gullies, rills and non-wetland swales; and
• Include groundwater, shallow subsurface flow and tile drains.

Over the coming days, the Chamber will study this rule closely.  We will consult with state agencies and our industry colleagues to clarify the extent of change and determine who will benefit and who will likely face greater regulatory burdens.