Small Business Administration Says to Withdraw Waters of the US Rule

Press Release

Today the Office of Advocacy of the U.S. Small Business Administration stated the Environmental Protection Agency (EPA) and Army Corps of Engineers have improperly certified the proposed Waters of the U.S. rule under the Regulatory Flexibility Act (RFA) and requests the agencies withdraw the rule. The RFA requires federal agencies to consider the impact proposed rules will have on small businesses. If such impacts are determined to be significant, agencies must take the impact into account and study less burdensome alternatives.

"This issue of federal agencies skirting their responsibility under the Regulatory Flexibility Act has come up numerous times and I commend the independent advocates at the Small Business Administration for standing up for small business and for what's right," said Congressman Kevin Cramer. "In this instance with the Waters of the U.S. rule, even the agencies limited economic analysis indicated direct costs on small business, but chose to ignore it and certified the rule will not have a significant economic impact. In the instance of the EPA's greenhouse gas rules, they've simply said the rule won't have a significant impact and ignored their requirements under the law."

Cramer has strongly opposed the proposed Waters of the U.S. rule, calling for its withdrawal and helping pass legislation in the House of Representatives. With Cramer as a cosponsor, the Waters of the United States Regulatory Overreach Protection Act passed September 9, 2014 on a bipartisan vote to prohibit the rule from moving forward and requiring the EPA and Army Corps to consult with states and local governments to develop a consensus on regulatory jurisdiction.

At the urging of a North Dakota small business owner, Congressman Cramer challenged the EPA in front of the Science, Space, and Technology Committee on the agency's incomplete economic impact on small businesses.

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