Thursday, August 7, 2014 1-3 p.m. PST, 10-noon, Hawaii time
TO: Interested Small Business Stakeholders
FROM: Kia Dennis, Assistant Chief Counsel
Yvonne Lee, Regional Advocate
SUBJECT: Waters of the United States Regional Roundtable Meeting
The U.S. Small Business Administration, Office of Advocacy will hold a regional Environmental Roundtable to discuss the following topic, from 1-3 p.m. PST. The meeting will be held in Los Angeles, California at the Metropolitan Water District of Southern California Building, 700 North Alameda Blvd, Los Angeles, CA 90012. All interested persons planning to attend in person or participate via conference call must RSVP to Yvonne Lee at Yvonne.lee@sba.gov or 415-744-8493 before August 5, 2014.
Draft Agenda
1:00 p.m.-1:05 p.m. Welcome and Introductions
Yvonne Lee, Regional Advocate, SBA Office of Advocacy
Kia Dennis, Assistant Chief Counsel, SBA Office of Advocacy
1:05 p.m. – 1:20 p.m. Presentation of the Water of the United States Rule by EPA
John Kemmerer, Associate Director, Water Division, EPA Region IX
Jason Brush, Manager , Office of Wetlands Services, EPA Region IX
1:30 p.m.-3:00 p.m. Discussion and Questions
Roundtable meetings are open to all interested persons, with the exception of the press, in order to facilitate open and frank discussion about the impacts of Federal regulatory activities on small entities. Agendas and presentations are available to all, including the press. Anyone who wants to receive roundtable agendas or presentations, or to be included in the distribution list, should forward such requests to kia.dennis@sba.gov. The purpose of these Roundtable meetings is to exchange opinions, facts and information and to obtain the attendees’ individual views and opinions regarding small business concerns. The meetings are not intended to achieve or communicate any consensus positions of the attendees.
Small Business Environmental Roundtable
Issue for Discussion
August 7, 2014
On April 21, 2014, the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) have proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). Decisions regarding whether or not a waterbody is subject to the CWA will affect small entities who need to determine whether or not their activities require authorization and/or permits under CWA.
Under the proposed rule, for purposes of all sections of the Clean Water Act and the regulations thereunder 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 identified in paragraphs (1) through (3) and (5) of this section;
(5) All tributaries of waters identified in paragraphs (1) through (4) of this section;
(6) All waters, including wetlands, adjacent to a water identified in paragraphs (1) through (5) of this section; 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 identified in paragraphs (1) through (3) of this section.
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 – requires permits for pollutant discharges; and Section 404 – permits for the placement of dredged or fill material in waters of the United States.
The comment period closes on October 20, 2014.
Visit http://www2.epa.gov/uswaters to learn more about the proposed rule.