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Clearing Up Murkiness in the Clean Water Act

Patrick Skahill / WNPR

A proposed rule change seeks to better define what waters are protected by the Clean Water Act, the law regulating pollution discharges into American water.

As written, the Clean Water Act currently applies to waters with a "significant nexus" to "navigable waters," a bit of legalese that's made it tough for regulators to crack down on pollution in some small tributaries.

In a recent op-ed, EPA Administrator Gina McCarthy wrote that means "60 percent of our nation's streams and millions of acres of wetlands currently lack clear protection from pollution under the Clean Water Act."

The EPA says the new rule would assure wetlands near rivers and streams are protected. It also protects most seasonal and rain dependent streams.

Speaking on the banks of the Connecticut River, Senator Richard Blumenthal said the change is needed. "It assures, that the headwaters, the tributaries -- the small streams and lakes that feed great rivers like the Connecticut -- are kept pristine and protected," he said.

About 117 million people, one in three Americans, get drinking water from public systems that rely on streams.

The EPA says two U.S. Supreme Court Decisions in 2001 and 2006 caused uncertainty about what streams and wetlands are protected by the Clean Water Act.

The agency will accept comment on the proposal until October 20.

Patrick Skahill is a reporter and digital editor at Connecticut Public. Prior to becoming a reporter, he was the founding producer of Connecticut Public Radio's The Colin McEnroe Show, which began in 2009. Patrick's reporting has appeared on NPR's Morning Edition, Here & Now, and All Things Considered. He has also reported for the Marketplace Morning Report. He can be reached at pskahill@ctpublic.org.

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