Resources available for proposed CWA expansion’s impact on small businesses

Rep. Sam Graves (R-Mo.) said on Wednesday that the EPA’s proposal to expand federal jurisdiction under the Clean Water Act (CWA) could subject small businesses to new regulations and lengthy delays.

The EPA’s and Army Corps of Engineers’ proposed rule would expand the definition of “waters of the United States” under the CWA to include all tributaries, as well as adjacent waters and wetlands.

Graves, the chairman of the House Small Business Committee, added the proposed rule to the committee’s digital resource, Small Biz Reg Watch, which provides information and a forum to comment on pending regulations.

“The EPA and Corps are proposing to expand the jurisdiction of the Clean Water Act to include nearly every damp patch of land in the United States,” Graves said. “This regulatory overreach means small businesses and landowners may need costly permits and face lengthy delays for ordinary activities on private property. Projects may need to be redesigned or relocated to satisfy federal regulators. Worse, permit applications may be denied. This extraordinary intrusion into the lives of many farmers, ranchers and small business owners has the likely potential to be economically devastating and must be stopped.”

The proposed rule would expand federal jurisdiction under CWA to small, temporary bodies of water like ditches used for storm water runoff. It would also allow agencies to assert CWA jurisdiction over “other waters” on an case-by-case basis.