EPA proposing rule to protect rain-dependent streams under federal law
All residents in Washington and Greene counties who use a public water system get at least some of their drinking water from seasonal, rain-dependent and headwater streams.
While these streams provide drinking water, recreation and habitats for aquatic life, they are not clearly protected under the Clean Water Act of 1972, according to the federal Environmental Protection Agency.
The EPA and U.S. Army Corps of Engineers are proposing a new rule that would clarify the water protections under federal law. Most seasonal and rain-dependent streams would be protected under the proposed rule, in addition to wetlands near rivers and streams.
Other waters will be evaluated on a case-by-case basis. The rule would not regulate groundwater or broaden coverage under the Clean Water Act.
“We recognize that 60 percent of our streams and wetlands are either seasonal or only function after rainstorms, and that 117 million people – or one in three Americans – rely on drinking water from systems that rely on these waters in the United States,” Shawn Garvin of the EPA said during a teleconference Tuesday.
Garvin said the Clean Water Act effectively regulates water pollutants, but two Supreme Court decisions in the past decade “created some confusion” over which water systems are protected.
The proposed rule is an “economic necessity and a drinking water necessity,” Garvin said. According to the EPA’s website, the rule would generate between $388 million and $514 million annually to reduce flooding, filter pollution, protect wildlife habitats, support hunting and fishing and recharge groundwater. It would cost between $162 million and $278 million per year to mitigate the impacts to streams and wetlands.
The proposed rule also would benefit recreational groups and businesses, according to several groups who weighed in on the discussion.
Steve Sywensky, owner of Fly Fishers Paradise in State College, said sport fishing is an industry that nets $2 billion a year.
“Sports fishing has incredible value in Pennsylvania. It’s a major part of tourism in the state,” Sywensky said. “The one overriding necessity we need for sport fishing to exist is clean water and unpolluted aquatic environment.”
Public comments on the proposed rule will be accepted through Nov. 14. To comment, visit www.epa.gov and click on “clean water proposal.”