Tidal Wave Heads for EPA’s Waters of the U. S. Regulation

Reaction to the EPA and Corps of Engineers proposal to expand regulatory jurisdiction to all waters of the U.S. is growing into a tsunami of resistance.

The Small Business Administration’s Office of Advocacy sent a formal letter to EPA Administrator Gina McCarthy and the Corps Maj. Gen. John Peabody urging them to withdraw the proposed rule. The SBA Office of Advocacy says the proposed rule is in error because:

1) The Agencies use the incorrect baseline for Regulatory Flexibility Act certification

2) The rule imposes costs directly on small business

3) The rule will have significant economic impact on small business

4) The limited economic analysis which the agencies submitted with the rule provides ample evidence of a potentially significant economic impact

5) The Office of Advocacy advises the agencies to withdraw the rule

In other action, a coalition of 63 business group members of the Waters Advocacy Coalition sent a nine-page letter to McCarthy and Secretary of the Army John McHugh outlining their “serious concerns” such as:

1) The agencies continue to issue new explanations throughout the comment period creating a moving target for public comment

2) Separate from the proposed rule-making, the agencies are redefining the “ordinary high water mark” without the required public notice and comment

3) The Scientific Advisory Board has raised serious concerns with significant components of the proposed rule

4) EPA maps that rely on U.S. Geological Service data depict only a portion of the land and waters subject to the proposed rule

5) The agencies have failed to engage the States and the small business community