The Office of Advocacy’s environmental roundtable on the scope of waters protected under the Clean Water Act (CWA) has been rescheduled. The roundtable will now be held on Monday, July 21, 2014, from 10 a.m. to noon. The meeting will be held at the Washington Marriott at Metro Center, 775 12th Street NW, Washington, DC 20005.
As described in an earlier blogpost, the roundtable is being convened to discuss a regulation proposed by the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA). The proposed rule defines the scope of waters protected under the Clean Water Act (CWA).
Advocacy’s upcoming roundtable was announced on June 11 by EPA Deputy Administrator Robert Perciasepe at a hearing held by the House Transportation and Infrastructure Subcommittee on Water Resources and Environment which explored the potential impacts of the proposed changes to the CWA jurisdictional rule.
The July 21 environmental roundtable meeting is open to all interested persons, with the exception of the press, in order to facilitate open and frank discussion about the impacts of the proposed regulation on small entities. The roundtable will feature a presentation of the rule by EPA and Corps representatives and a discussion of small business implications.
Please contact Assistant Chief Counsel Kia Dennis or 202-205-6936 to learn more about the roundtable or to RSVP.
Background: Under the proposed rule, decisions regarding whether a body of water is subject to the CWA will affect small entities which need to determine whether their activities require authorization and/or permits under CWA.
Under the regulations, the term “waters of the United States” would mean:
(1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;
(2) All interstate waters, including interstate wetlands;
(3) The territorial seas;
(4) All impoundments of waters as specifically identified in the rule;
(5) All tributaries of waters as specifically identified in the rule;
(6) All waters, including wetlands, adjacent to a water specifically identified in the rule; and
(7) On a case-specific basis, other waters, including wetlands, provided that those waters alone, or in combination with other similarly situated waters, including wetlands, located in the same region, have a significant nexus to a water specifically identified in the rule
Waters that do not meet this definition are not subject to the CWA. There are several programs under the CWA that would be affected by this proposed rule including but not limited to Section 311, oil spill prevention programs; Section 402, which requires permits for pollutant discharges; and Section 404, which covers permits for the placement of dredged or fill material in waters of the United States. Comments on the proposed rule are due by October 20, 2014.
At a Glance:
Who: U.S. Small Business Administration, Office of AdvocacyWhat: Environmental Roundable on rules proposed by the EPA/Army Corps of Engineers implementing the Clean Water Act
When: Monday, July 21, 2014; 10 a.m. – noon
Where: Washington Marriott at Metro Center, 775 12th Street NW, Washington, DC 20005
Contact: Assistant Chief Counsel Kia Dennis, 202-205-6936