delete PART 108—EMPLOYEE PROTECTION HEARINGS
This regulation establishes an EPA-administered whistleblower protection process for employees who face discrimination or retaliation because of Clean Water Act effluent limitations or orders. It mandates investigations by Regional Administrators, provides for hearings before Administrative Law Judges, and includes procedures for evidence, subpoenas, and final determinations by the Administrator.
This regulation imposes significant hidden costs on employers through bureaucratic investigations, hearings, and legal exposure, with especially high per-employee burdens on small businesses. It expands federal authority into employment relations, chilling legitimate management decisions and creating litigation risks. These protections are better handled by existing state employment laws and common law torts, avoiding federal mission creep and preserving Tenth Amendment federalism.