EPA Publishes Final Rule Excluding Water Transfers from NPDES Permitting
June 17, 2008
On June 13, 2008, the Environmental Protection Agency published a final rule excluding water transfers from the Clean Water Act’s National Pollutant Discharge Elimination System ("NPDES") permitting program. The rule clarifies that an NPDES permit is not required to route water through tunnels, channels or natural streams for various uses, including public water supply, irrigation, power generation, flood control and environmental restoration. NPDES permits are not required for water transfers because they do not result in the addition of a pollutant to waters of the United States.
