Rep. Sam Graves (R-Mo.) expressed concern on Friday about how an EPA rule that would expand federal jurisdiction under the Clean Water Act (CWA) might impact small businesses.
Graves, the chairman of the House Small Business Committee, sent a a letter to EPA Administrator Gina McCarthy that said the proposal lacked clarity and would impose unnecessary burdens on small businesses.
“We are concerned that the proposed rule could have a significant economic impact on small businesses, yet the agencies have not assessed those consequences as required by (the law), Graves said. “We believe the agencies should withdraw the proposed rule and conduct the required small business outreach and analysis before proceeding with the rulemaking.”
The Regulatory Flexibility Act (RFA) requires the EPA to facilitate small business advocacy review panels to glean input on proposed rules before proceeding. Graves urged the EPA and Army Corps of Engineers to comply with the RFA before implementing proposed changes to the CWA.
“Small businesses such as farmers and ranchers, home builders and transportation construction firms that conduct activities and projects on lands with ‘waters of the United States,’ will be directly affected,” Graves said. “For example, permits may be required for activities such as removing debris and vegetation from a ditch, applying pesticides, building a fence or pond, or discharging pollutants. Permitting can be a costly and time-consuming process that requires small businesses to hire attorneys and environmental consultants. In addition, the future development potential of certain land may be affected which could diminish its value. Small businesses also could be subjected to litigation under the CWA’s citizen suit provisions.”
Graves said the proposed rule amounted to a “land grab” and infringed on property rights during an event held last week in Parkville, Mo.
“This land grab is an infringement on our property rights, and the consequences will be fewer jobs, more permitting, higher costs, lengthy litigation and more delay and disruption for property owners,” Graves said.
The EPA’s proposed rule would expand the definition of “navigable waters” under the CWA to areas with a connection to downstream navigable waters. It would also give the federal government jurisdiction over ditches, ponds, flood plains and prairie potholes.