Ernest L.

Greer

|

Chris Clark
2014 Chair President & CEO

www.gachamber.com

270 Peachtree Street NW, Suite 2200 | Atlanta, Georgia 30303-1240 | Phone: 404.223.2264 | Fax: 404.223.2290



July 7, 2014

The Honorable Paul Broun
United States House of Representatives
10th Congressional District - Georgia
2437 Rayburn House Office Building
Washington, DC 20515

Dear Representative Broun:

In advance of the House Science Committees hearing on the Environmental Protection Agencys Waters of the United
States proposed rule, I am writing to express the Georgia Chamber of Commerces concerns with the potential impact of
the proposed rule on our Chamber members and the surrounding community.
I would like to register my support for the effort of the House Committee on Science, Space, and Technology to address
this important issue. The Supreme Court has twice affirmed that both the U.S. Constitution and the Clean Water Act
place limits on federal authority over intrastate waters. Moreover, Congress has decided not to change the careful
balance between federal and state regulation.
EPA and the U.S. Army Corps of Engineers (Corps) proposed this rule to change the definition of Waters of the United
States under the Clean Water Act (CWA). This change is comprised of a complicated set of regulatory definitions,
including new and poorly defined terms, based on ambiguous and untested legal theories and regulatory exclusions.
The result is a proposal that asserts jurisdiction over waters, including many ditches, conveyances, isolated waters, and
other waters, that are presently under the jurisdiction of the states and that is inconsistent with Congressional intent
and recent Supreme Court decisions.
EPAs proposed rule will create a great deal of uncertainty for our business members, and could put potential projects
and investments in a holding pattern due to the uncertainty of what would be covered jurisdictionally and who would or
would not need a permit.
This proposed rule could also impact existing operations or facilities by expanding the jurisdiction to cover businesses
that were not previously required to hold a permit
In addition to the new permitting requirement and use restrictions businesses will face, the EPAs permitting process
does not provide any certainty for planning purposes. Recently, the EPA for the first time used its power to retroactively
veto a valid CWA permit, thereby halting an on-going and lawfully permitted operation. EPA currently is in the process
of potentially using its power to prospectively veto another project before companies involved could even apply for a
permit but, after hundreds of millions of dollars had been spent in up-front expenditures. Subjecting businesses to this
type of uncertainty in the permitting process will send investment dollars elsewhere.



We ask that you stop the EPA from finalizing this proposed rule that would create a significant amount of uncertainty
and would impact the business community in a detrimental way. Thank you for your time and consideration to this
matter.
Sincerely,

Chris Clark

President & CEO
Georgia Chamber of Commerce