EPA and Army Corps of Engineers Release Draft Guidance to Clarify Waters Covered by Clean Water Act (NY)
(New York, N.Y.) U.S. Environmental
Protection Agency (EPA) Regional Administrator Judith Enck today
traveled to New York’s Great Swamp in Brewster, N.Y. to
discuss the importance of clean water and a draft guidance
developed by EPA and the U.S. Army Corps of Engineers to clarify
which waters are subject to protection under the Clean Water
Act.
The future status and condition of the Great
Swamp is dependent not only on what happens directly within the
swamp, but also on activities within its nearly 100-square-mile
watershed, which includes the headwaters of the Housatonic River,
the Croton River, Long Island Sound and New York Harbor. Part of
the Great Swamp lies within the New York City watershed, and the
Croton watershed provides about 10 percent of New York City’s
drinking water, about 140 million gallons per day. Headwater
streams and their adjacent wetlands are where our larger streams,
rivers and lakes originate.
“Clean water is our most vital natural
resource and its protection is directly tied to preserving wetlands
and other bodies of water,” said EPA Regional Administrator
Judith Enck. “The new federal guidance will help restore
protection to critical waters and provide clearer guidelines for
determining which water bodies we can keep safe from pollution and
other pressures.”
"Water flows down hill, and you cannot protect
one portion of a watershed without protecting all the
interconnected waters,” said Joseph Martens, Commissioner of
the New York State Department of Environmental Conservation. "For
nearly 25 years, it was settled policy that wetlands and streams,
including smaller and intermittent streams and wetlands, were
protected by the Clean Water Act. I am glad to see that draft
federal guidance now seeks to restore clarity
concerningthat protection. The Clean Water Act should be
interpreted in a manner that protects water quality and
habitats, and to mitigate floods by protecting the wetlands that
work to absorb flood waters.”
On April 27, EPA and the Army Corps of Engineers
released "Draft Guidance on Identifying Waters Protected by the
Clean Water Act" for a 60-day public comment period. This draft
guidance clarifies how EPA and the Corps will identify "Waters of
the United States" under the Clean Water Act. It implements the
Supreme Court's decisions in Solid Waste Agency of Northern Cook
County v. U.S. Army Corps of Engineers and Rapanos v. United
States.
Headwater streams comprise 20 percent of the
3,800 miles of streams in the New York City watershed. Roughly 15
percent of the watershed’s nearly 25,000 acres of wetlands
and ponds are linked to downstream reservoirs by streams that flow
only part of the year and, as such, are potentially unprotected
based on current Clean Water Act guidance. EPA anticipates that the
new guidance will enhance protection of these wetlands and
headwater streams in most watersheds.
Headwater streams and wetlands feed our rivers
and lakes both water and nourishing materials such as aquatic
insects and organic matter. Ultimately, this assists biological
diversity in these water systems. Headwater streams and their
nearby wetlands also play an important role in maintaining the
water quality of our streams, lakes and rivers, and the ability of
wetlands to store flood water reduces the risk of costly property
damage and loss of life. These areas assist in reducing sediment
and nutrient loads entering the nation’s waters. They also
contribute to the supply of drinking water available to the
residents of New York State.
For nearly 40 years, the Clean Water Act, along
with other important federal measures, has been a cornerstone of
our effort to ensure that Americans have clean and healthy waters.
The draft guidance is part of the Obama administration's national
clean water framework, which emphasizes the importance of
partnerships and coordination with states, local communities and
the public to protect public health and water quality, and promote
the nation’s energy and economic security.
The administration’s framework outlines a
series of actions underway and planned across federal agencies to
ensure the integrity of the waters Americans rely on every day for
drinking, swimming, and fishing, and that support farming,
recreation, tourism and economic growth. It includes draft federal
guidance to clarify which waters are protected by the Clean Water
Act nationwide; innovative partnerships and programs to improve
water quality and water efficiency; and initiatives to revitalize
communities and economies by restoring rivers and critical
watersheds.
To read the draft guidance and for information
on how to submit a comment, visit
http://www.water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm.
Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, https://www.facebook.com/eparegion2.
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