[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4337 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4337
To limit the authority of the Administrator of the Environmental
Protection Agency to implement certain actions related to Chesapeake
Bay watershed total maximum daily loads, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2012
Mr. Reed (for himself and Ms. Hochul) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To limit the authority of the Administrator of the Environmental
Protection Agency to implement certain actions related to Chesapeake
Bay watershed total maximum daily loads, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay State and Local
Backstop Limitation Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chesapeake bay state.--The term ``Chesapeake Bay
State'' means any one of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, or West Virginia, or the District
of Columbia.
(3) 2010 chesapeake bay tmdl.--The term ``2010 Chesapeake
Bay TMDL'' means the total maximum daily load for nitrogen,
phosphorus, and sediment for the Chesapeake Bay and its tidal
tributaries established by the Administrator on December 29,
2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011).
SEC. 3. LIMITATIONS ON ADMINISTRATOR REGARDING CERTAIN ACTIONS IN THE
CHESAPEAKE BAY WATERSHED.
(a) Existing Permits.--In the case of a point source in the
Chesapeake Bay watershed for which the Administrator (or a State) has
issued a permit under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) before the date of enactment of this Act,
the Administrator may not modify the permit to require additional
reductions in discharges of nitrogen, phosphorus, or sediment.
(b) New Permits and Permit Renewals.--In the case of a point source
in the Chesapeake Bay watershed for which the Administrator requires a
permit to be issued or renewed under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) on or after the date of
enactment of this Act, the Administrator, for purposes of compensating
for any lack of progress in the State toward meeting the water quality
goals established for the State in the 2010 Chesapeake Bay TMDL, may
not require under such permit lower levels of discharges of nitrogen,
phosphorus, and sediment from such point source than would otherwise be
required if sufficient progress toward meeting such goals was being
made.
(c) Stormwater.--
(1) Industrial activity.--For purposes of application in
the Chesapeake Bay watershed, the Administrator may not revise
the definition of ``storm water discharge associated with
industrial activity'' contained in section 122.26 of title 40,
Code of Federal Regulations, as in effect on the date of
enactment of this Act.
(2) Limitation on new permits.--The Administrator may not
require a permit under section 402(p)(2)(E) of the Federal
Water Pollution Control Act (33 U.S.C. 1342(p)(2)(E)) for a
discharge of stormwater in the Chesapeake Bay watershed, from a
municipal separate storm sewer system or associated with an
industrial activity, for which a permit has not been issued
under section 402(p) of such Act (33 U.S.C. 1342(p)) before the
date of enactment of this Act.
(d) Animal Feeding Operations.--For purposes of application in the
Chesapeake Bay watershed, the Administrator may not revise the
definition of ``concentrated animal feeding operation'' contained in
section 122.23 of title 40, Code of Federal Regulations, as in effect
on the date of enactment of this Act.
(e) 2010 Chesapeake Bay TMDL.--Before the date on which all of the
nitrogen, phosphorus, and sediment total maximum daily loads
established in the 2010 Chesapeake Bay TMDL are met, the Administrator
may not--
(1) revise the 2010 Chesapeake Bay TMDL--
(A) to establish more specific or finer scale
wasteload or load allocations, including for nonpoint
sources or any individual point source; or
(B) to require additional reductions in loadings
from point sources, including through reallocating
additional load reductions of nitrogen, phosphorus, or
sediment from nonpoint sources to point sources; or
(2) issue or enforce any regulations regarding nitrogen,
phosphorus, or sediment for any navigable waters within the
Chesapeake Bay watershed in a Chesapeake Bay State, other than
the 2010 Chesapeake Bay TMDL, unless the chief executive of the
State submits to the Administrator a statement of approval of
the regulation.
SEC. 4. TREATMENT OF GRANTS.
The Administrator or the Secretary of Agriculture may not
condition, withhold, or redirect any grant related to water quality in
a Chesapeake Bay State under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) or the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), respectively, because the Chesapeake Bay State does not
meet the water quality goals established for the State in the 2010
Chesapeake Bay TMDL, unless--
(1) the Administrator or the Secretary, as applicable, has
offered technical assistance to the State to assist the State
in meeting such water quality goals; and
(2) after allowing for sufficient time for the State to
benefit from such technical assistance, the State has failed to
show reasonable progress toward achieving such water quality
goals, as determined by the Administrator or the Secretary, as
applicable.
<all>