The U.S. Environmental Protection Agency (EPA) is proposing changes to Clean Water Act regulations that currently protect over 265,000 acres of wetlands and 50,000 miles of streams in Ohio. The proposed rule would narrow the definition of “Waters of the United States,” impacting which bodies of water fall under federal protection.
Changes to Wetland Protection
Under the proposed rule, wetlands would only be protected if they contain surface water during the wet season and are directly adjacent to continuously flowing or standing bodies of water. Angela Blatt, senior agriculture policy manager at the Alliance for the Great Lakes, stated this change “leaves many critical wetlands and streams vulnerable to pollution and destruction from industrial discharge, agricultural run off, and development.” The EPA, however, indicated the rule aims to “cut the red tape” for industries including energy, technology, farming, and development.
The changes build upon the 2023 Sackett v. EPA Supreme Court ruling. Jon Devine, director of freshwater ecosystems at the Natural Resource Defense Council (NRDC), explained that “even the least damaging interpretation of Sackett was a real kick in the teeth for wetland protections nationwide,” and that this proposal “goes even farther than the Supreme Court required.”
While Ohio has existing statewide wetland regulations protecting against filling and dredging without a permit, the new federal rule could result in the loss of additional protections against pollution. The EPA’s proposal would shift some responsibility for wetland protection to the states.
Potential Impacts in Ohio
An analysis by the NRDC suggests the potential for significant losses in protected wetlands. According to a GIS survey, up to 96% of Ohio’s wetlands could lose federal protection. Devine noted the EPA’s proposal is likely to have impacts “somewhere between our more and most damaging scenarios.”
Wetlands along the Cuyahoga River and its tributaries are among those potentially affected, increasing their vulnerability to pollution and development. Specifically, large portions of the watershed for Tinkers Creek, which runs through 20 communities and several parks, could lose protection. Wetlands in the Tinkers Creek and Brandywine Creek watersheds may also lose federal funding for reducing nonpoint source pollution.
Erica Matheny, executive director of the Tinkers Creek Watershed Partners, emphasized the importance of Northeast Ohio’s natural resources, stating, “A lot of that could be at risk if this were to pass.” She added that if the rule is enacted, increased efforts at the state and local levels will be needed to protect these vital areas.
What Happens Next?
The EPA is currently accepting public comments on the proposed rule until January 5. Following the comment period, the EPA may revise the rule before finalizing it. If finalized, the changes could lead to increased development and pollution in vulnerable areas. States may then need to consider strengthening their own regulations to compensate for the loss of federal protections. It is also possible that the rule could face legal challenges.
Frequently Asked Questions
What is the “Waters of the United States” definition?
The “Waters of the United States” definition determines which bodies of water are protected under the Clean Water Act. The proposed rule narrows this definition, potentially removing federal protection from many wetlands and streams.
What is nonpoint source pollution?
Nonpoint source pollution occurs from runoff after it rains, and is pollution that occurs from many diffuse sources. Wetlands help reduce this type of pollution by filtering out toxins.
How can I submit a comment to the EPA?
You can submit a public comment to the EPA by visiting this website before January 5.
How might changes to federal wetland protections impact local communities and ecosystems in Ohio?
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