Graves Alerts Small Businesses to Another EPA Power Grab
House Small Business Committee Chairman Sam Graves (R-MO) today added a new proposed rule from the Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps) to the Committee’s digital resource, Small Biz Reg Watch. The proposed rule broadens the scope of waters subject to the jurisdiction of the Clean Water Act (CWA), which has many small business owners and family farmers concerned.
The EPA and the Corps are proposing to revise the definition of “waters of the United States” which are those waters subject to the requirements of the CWA. The proposed rule, as currently drafted, will lead to an unprecedented expansion of federal regulatory jurisdiction. Under this expansive proposed rule, all tributaries – even small streams that only flow irregularly or when it rains – and all adjacent waters and wetlands, fall under this definition as federally-controlled waters. This includes small, temporary bodies of water, such as ditches, that may be dry for much of the year. In addition, the agencies could assert CWA jurisdiction over “other waters” on a case-by-case basis.