On May 19, ABC participated in a listening session focused on the impact on small businesses of revising the definition of “waters of the United States” subject to Clean Water Act regulation and permitting.

The listening session was jointly hosted by the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers and U.S. Small Business Administration’s Office of Advocacy to help them understand the real-world impacts of WOTUS and CWA as the EPA and USACE consider how to provide clear and consistent rules for the regulated community.

During the session, ABC shared with agency leadership the unnecessary cost increases and delays imposed on small businesses in the construction industry by unclear WOTUS regulations, emphasizing the following points:

• Sensible environmental rules to protect water quality are important, but confusing and constantly changing rules make compliance unnecessarily difficult.
• ABC’s small business members have seen projects significantly delayed by CWA permitting processes.
• Small businesses lack the resources of larger contractors to absorb increased compliance costs.
• Unnecessary permitting delays mean less opportunity for the small businesses and construction workers that rely on these projects for their livelihood.

Previously, ABC joined the Waters Advocacy Coalition in submitting written comments to the EPA and USACE expressing support for a clear and consistent definition of “waters of the United States” that fully complies with the U.S. Supreme Court’s holding in Sackett v. Environmental Protection Agency.