REGION – The Environmental Protection Agency (EPA) is proposing new changes to how it defines “waters of the United States” under the Clean Water Act, which if adopted it says will cut red tape and provide consistency and clarity.

EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, unveiled the proposed rule, which they say delivers on the Trump Administration’s “commitment to protect America’s waters while providing the regulatory certainty needed… and advance EPA’s Powering the Great American Comeback initiative.”

The law would also put decision-making power when it comes to waterways in the state’s hands.

“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” said Zeldin.

But environmental groups are sounding the alarm, saying the proposal would significantly weaken federal safeguards for the rivers, streams and wetlands that supply our drinking water, reduce flooding and support wildlife.

Trey Talley, Senior Land Protection Coordinator for the Delaware Highlands Conservancy, says wetlands and tributaries that contribute to the Delaware River are part of a broad hydrological system. 

“[These systems] don’t just magically appear and they can’t protect themselves,” Talley said. “They’re critical parts of our natural infrastructure and we all benefit from them every day. Any reduction in protection of those could result in negative impacts to water quality, loss of habitat and could reduce our ability to control flooding.”

Laurie Ramie, Executive Director for the Upper Delaware Council, said there is some uncertainty whether the Upper Delaware Scenic and Recreational River would ultimately be affected by this proposed rule change due to its status as interstate waters in New York and Pennsylvania.

“This isn’t a topic that the Upper Delaware Council board has discussed to take any position yet,” Ramie said. “However, we understand it would pertain to tributaries, wetlands, ponds, and lakes located within the Upper Delaware Watershed and will be monitoring it.”

The Natural Resources Defense Council (NRDC), a non-profit environmental advocacy group,  said that between 38 million and 70 million acres of wetlands are at risk of pollution or destruction under modeled scenarios similar to the changes the proposal includes.

“For the millions of Americans who swim or fish in our nation’s rivers and lakes, this is a bracing slap in the face. Wetlands are nature’s safeguard against flooding, and stripping away protections for them puts millions of people in harm’s way,” said Andrew Wetzler, Senior Vice President of Nature, at NRDC.

Talley highlighted the history of the Delaware River, which faced years of pollution and destruction of wildlife and habitat. But thanks to efforts to clean it up, the river is now considered one of the cleanest in America.

“We’re fortunate to have the clean waters of the Delaware River in our backyard. And I think it’s important to not take that for granted,” Talley said. 

The Clean Water Act was implemented in 1972 and is the primary federal law in the United States governing water pollution.

The EPA is currently accepting public comment on the proposed changes until January 5. 

“We should look for ways to work together, to protect our natural infrastructure and our shared resources, like the Delaware River, so that we can continue to enhance the legacy that’s been left for us by those who worked on the Clean Water Act and those who have fought to enforce it,” Talley said.