[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3856 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3856

   To limit the authority of the Administrator of the Environmental 
 Protection Agency with respect to certain numeric nutrient criteria, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2012

  Mr. Southerland (for himself, Mr. Ross of Florida, Mr. Rivera, Mr. 
West, Mrs. Adams, Mr. Miller of Florida, Mr. Rooney, Mr. Buchanan, and 
 Mr. Webster) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To limit the authority of the Administrator of the Environmental 
 Protection Agency with respect to certain numeric nutrient criteria, 
                        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 ``State Waters Partnership Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Environmental Protection Agency has repeatedly 
        described the State of Florida as having some of the most 
        progressive nutrient management strategies in the Nation.
            (2) The Environmental Protection Agency agrees with Florida 
        that the Federal Water Pollution Control Act envisions that 
        States have the primary role in establishing and implementing 
        water quality standards for their waters.
            (3) The Environmental Protection Agency has repeatedly 
        referenced its desire to work cooperatively with States in the 
        development and implementation of numeric nutrient criteria.
            (4) The Environmental Protection Agency has stated that 
        upon approval of Florida's numeric nutrient criteria, the 
        Administrator will promptly initiate rulemaking to repeal 
        federally promulgated numeric nutrient criteria.
            (5) The Florida Environmental Regulation Commission, on 
        December 8, 2011, adopted numeric nutrient criteria for 
        Florida's fresh water bodies and estuary systems, which 
        included a firm regulatory schedule for adoption of additional 
        marine criteria.
            (6) The Environmental Protection Agency has stated that if 
        Florida adopts, and the Administrator approves, numeric 
        nutrient criteria for any waters for which the Environmental 
        Protection Agency has not yet proposed or promulgated Federal 
        numeric nutrient criteria, the Environmental Protection Agency 
        will not propose or promulgate corresponding Federal numeric 
        nutrient criteria.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the Administrator should take into 
account the effect of numeric nutrient criteria on the economy, job 
creation, consumers, municipalities, agriculture, small business, and 
other affected sectors, using State data, information, and independent 
studies to ensure to accountability, and that the Administrator should 
not promulgate or enforce any numeric nutrient criteria that would 
result in a negative economic impact of 15 percent or higher on any 
such sector.

SEC. 4. NUMERIC NUTRIENT CRITERIA.

    The Administrator may not propose, promulgate, or enforce any 
numeric nutrient criteria for any streams, lakes, springs, canals, 
estuaries, or marine waters of the State of Florida, until the 
Administrator makes a final determination in accordance with section 
303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)) 
regarding the Florida amended rule. If the Administrator determines 
under such section that the Florida amended rule meets the requirements 
of the Federal Water Pollution Control Act, then the Administrator may 
not enforce, and shall withdraw, section 131.43 of title 40, Code of 
Federal Regulations, in its entirety and may not propose or promulgate 
any numeric nutrient criteria for any streams, lakes, springs, canals, 
estuaries, or marine waters of the State of Florida based on the 
January 14, 2009, determination.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Florida amended rule.--The term ``Florida amended 
        rule'' means chapters 62-302 and 62-303 of the Florida 
        Administrative Code, as approved for adoption by the Florida 
        Environmental Regulation Commission on December 8, 2011, and 
        submitted on December 9, 2011, to the Florida Legislature for 
        ratification.
            (3) January 14, 2009, determination.--The term ``January 
        14, 2009, determination'' means the determination issued by the 
        Environmental Protection Agency on January 14, 2009, under 
        section 303(c)(4)(B) of the Federal Water Pollution Control 
        Act, regarding numeric nutrient criteria for the State of 
        Florida.
            (4) Numeric nutrient criteria.--The term ``numeric nutrient 
        criteria'' means specific numerical criteria for any species of 
        nitrogen or phosphorus developed to meet the water quality 
        requirements of section 303 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1313).
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