U.S. Small Business Administration says EPA Ignored Clean Water Act Rule Impacts

On October 1, the U.S. Small Business Administration’s Office of Advocacy  (SBA) joined a growing chorus of concern over EPA’s proposed waters of the U.S." rule. SBA has determined that the Environmental Protection Agency (EPA) and the Army Corps of Engineers improperly certified the proposed rule under the Regulatory Flexibility Act (RFA) because it would have direct, significant effects on small businesses. The EPA has drawn plenty of criticism from business groups that say the rule will be too expensive to comply with, but this is the first time another federal agency has criticized it.

SBA has asked that EPA and Corps withdraw the rule and conduct the legally required small business regulatory flexibility analysis. (you can read the SBA letter here. Multiple news sources are reporting that EPA will be extending the comment deadline on the new CWA rule until after the election. NRMCA is submitting comments on behalf of the industry.