[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[Extensions of Remarks]
[Page E981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 AN AMENDMENT ADDRESSING THE DEFINITION OF A SMALL BUSINESS IN SECTION 
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                          HON. SPENCER BACHUS

                               of alabama

                    in the house of representatives

                          Tuesday, May 9, 1995
  Mr. BACHUS. Mr. Speaker, under Chairman Shuster's bill, H.R. 961--
Clean Water Act Amendments of 1995, general and site-specific permits 
are required unless the entity can prove that its activities do not 
pose a significant risk to health and the environment, in which case, a 
permit would be required. However, an exemption is provided for small 
businesses that meet the definition of ``small business'' as 
promulgated by the EPA. Under the provisions of the committee bill, a 
small business is exempt from general and site-specific permits unless 
the State finds that, without permits, stormwater discharges would have 
a significant adverse effect on water quality. In this case, a permit 
would be required regardless of whether the entity was a small business 
or not.
  While the reformed permitting process is a tremendous positive step 
in the right direction, the bill leaves it to the discretion of the EPA 
to define ``small business.'' We fear that EPA will attempt to 
circumvent the clear intent of the bill and define ``small business'' 
so narrowly that it has no practical application.
  The amendment which I plan to offer, a copy of which follows, uses 
similar language from section 507 of the Clean Air Act as it relates to 
defining ``small business'' based on number of employees. Under the 
Small Business Stationary Source Technical and Environment Compliance 
Assistance Program, small business is defined as having 100 or fewer 
employees. Our amendment as written would still allow EPA to define 
``small business,'' but any definition would have to include language 
to define ``small business'' as having 100 or fewer employees.
  Even if this amendment is adopted, a State would still maintain 
authority to require permits by certain small businesses if it found 
that the stormwater discharges from the business would have a 
significant adverse effect on water quality. The amendment is intended 
to reduce the cost and paper-work that literally thousands of small 
business would be burdened with if they were not initially excluded 
from the permitting process.
  Amendment to H.R. 961, as Reported Offered by Mr. Bachus of Alabama

       Page 146, line 21, after the period insert the following:
       At a minimum, the term ``small business'' shall include a 
     corporation, partnership, unincorporated business, and sole 
     proprietorship employing 100 or fewer full time employees.
     

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