Two separate federal government offices made opposing recommendations this week to the Environmental Protection Agency (EPA) on its proposed rule to define Waters of the U.S. The Office of Advocacy at the Small Business Administration (SBA) asked EPA to withdraw the proposed rule. The Office of Advocacy is an independent office within SBA that advocates the interests of small business. The letter requesting the withdrawal asserts that EPA did not adequately assess the potential economic impacts of the rule, and outlines the concerns of many small business interests across the country. The letter concludes that the rule should be withdrawn and that EPA should convene a Small Business Advocacy Review panel to determine whether more feasible alternatives exist to the proposed rule.
Meanwhile, the Science Advisory Board (SAB) convened by EPA to review scientific literature regarding the scientific underpinnings of the proposed rule advised EPA and the Corps to regulate more bodies of water than proposed in the rule. While the final recommendations of the 52-member SAB are not expected until later this month, a letter this week called upon EPA to eliminate many of the few exemptions in the rule for ditches and ephemeral streams. The public comment period for the proposed rule remains open until October 20, 2014.