The Small Business Committee, under the chairmanship of Rep. Sam Graves (R-MO), today conducted a hearing about how small businesses would be affected by the Environmental Protection Agency's (EPA) and United States Army Corps of Engineers' proposed rule to expand the Clean Water Act.
Last week, Graves and Members of the Committee wrote to EPA Administrator Gina McCarthy and Assistant Secretary of the Army Jo-Ellen Darcy, who oversees the U.S. Army Corps of Engineers, to urge withdrawal of the pending rule. Among the witnesses' and Members' concerns, the EPA and Corps of Engineers did not adequately assess the impact of their proposed rule on small businesses, as required by the Regulatory Flexibility Act (RFA).
"This EPA "Waters of the United States' proposed rule is a classic example of regulatory overreach," said Chairman Graves. "This rule will impose significant additional costs and burdens on small businesses to comply with Clean Water Act requirements for thousands of small streams, ditches, ponds, and other isolated waters, some of which may have little or no connection to traditionally navigable waters that the Act was designed to protect. This is a power grab that cannot be justified. It demonstrates the lengths to which the Obama Administration will bend its interpretation of the law and ignore the limits placed on it by Congress, the Supreme Court and the Constitution, to achieve its big government objectives."