Last week the Office of Advocacy of the U.S. Small Business Administration submitted comments to EPA regarding the proposed Waters of the US rule.  Included in their comments, was the statement that the Office “believes that EPA and the Corps have improperly certified the proposed rule under the Regulatory Flexibility Act (RFA) because it would have direct, significant effects on small businesses. Advocacy recommends that the agencies withdraw the rule and that the EPA conduct a Small Business Advocacy Review panel before proceeding any further with this rulemaking.”

The comments submitted by the Office of Advocacy do not specifically bind EPA or the Corps to any action, but their comments add to a growing consensus that the proposed rule should be withdrawn.  For more information on the rule, please see SMG’s “Articles” page, where we have posted presentations about what the rule says and how it will impact out clients.  There is also a paper that highlights preliminary comments from SMG Vice-President, Clay Whitney.