EPA Issues Final Rule on "Waters of the U.S."

"Despite appeals from constituents and lawmakers across the country; countless business owners, farmers and industry leaders; and the Small Business Administration, the EPA and the Army Corps of Engineers failed to conduct any meaningful regulatory or economic impact analyses prior to issuing a final rule that redefines ‘waters of the U.S.’ Additionally, by expanding federal jurisdiction of the Clean Water Act, the Clean Water Rule could significantly impact a portion of our economy by slowing or stopping numerous projects across the nation.

"The Chamber filed lengthy public comments identifying exactly how the proposal could affect businesses of all sizes, including local municipalities, and requested the agencies convene a small business review panel to study and evaluate those impacts. Numerous state, local and business stakeholders and the Small Business Administration (twice) echoed that request, to no avail. The agencies’ failure to consider these impacts renders the rulemaking procedure fundamentally flawed.

"The Chamber is reviewing the substance of the final rule and evaluating the best options available to prevent this flawed rule from negatively affecting our nation’s economy."

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.

Following the release of the final Waters of the U.S. (WOTUS) rule by the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps), Dr. Barbara P. Glenn, Chief Executive Officer of the National Association of State Departments of Agriculture (NASDA) issued the following statement: "While we continue to review the final rule and the changes the agencies have made in response to public comments, we are disappointed EPA and the Corps did not provide state co-regulators and others impacted by this rule an opportunity to review and provide feedback on the changes made in final rule. Because of its far-reaching impacts, it is imperative we get this rule right to ensure a rule that works for state regulatory agencies and impacted stakeholders." Last year, NASDA members voted to call on EPA and US Army Corps of Engineers to withdraw the proposed WOTUS rule and collaborate with state departments of agriculture and other stakeholders on the appropriate scope of federal Clean Water Act jurisdiction. NASDA also submitted comments to both agencies, articulating concerns with the proposed rule.